Noreen - posted on 10/08/2014 ( 3 moms have responded )




If a biological father has had his rights striped from seeing his child for three years, and was to have had anger management classes, and was ordered to have supervised visitation that he did not attend visits. Is he allowed to have parental rights to the child if the biological mother has passed away. The father has a history of drug and domestic abuse. Can the parents of the mother petition for legal guardianship? And, how often is this won in New York.


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Sarah - posted on 10/08/2014




I agree you need legal advice. My advice is, if this is a current situation you are facing, act quickly and don't waste time. The wheels of the courts turn slowly. You probably need to file for temporary guardianship. A family law attorney can advise you best.

♫ Shawnn ♪♫♫ - posted on 10/08/2014




That is up to legal entities to decide. Get an attorney and petition.

Ev - posted on 10/08/2014




That is something that only a judge can actually answer. You need to check with a family law expert in your state to find out what the laws say on this. You will need to most likely take this to court to fight it if he is allowed to have his child. You will need to prove him unfit with documentation of his striped rights, what he was supposed to do to obtain them once again and if he followed through, and proof he never made supervised visits. A lawyer might be able to get it easily enough. I do not know how often its won anywhere in the United States. I live in another state. The laws here would be different. What you are looking for are not grandparents rights but guardianship rights.

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