Saturday, March 8, 2014

I want custody of my daughter back

Q:  Five years ago I had a baby girl. I was only eighteen and not in a great place at all and nowhere near ready to be a mom. So I gave my daughter to my sister to look after because I felt it was for the best. Now ,five years later I'm in a much better place. I've gotten myself together and I feel like I'm ready to be a mom. But my sister is refusing to let me take my daughter back. Can she do this ? Will I have to go to court ? What are my chances ?

A:  David's Answer:  You would need to file a petition for custody. Generally, your sister would need to prove you either legally abandoned the child or persistently neglected the child. If she's able to satisfy this initial burden, then the Judge may leave custody with her if the Judge perceives same to be within the child's best interests. Schedule a consult with a NYC Child Custody lawyer for a full assessment.  -- David Bliven, Bronx Child Custody attorney (

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