John Virdone's Answers

John Virdone
Garden City Family Law Attorney.
Contributor Level 7

2

Attorney answers:

  1. Michelle C. Berk
  2. John Virdone

My Mother of almost 80 is being used and abused and Brainwashed by my sister,and Family cause of a grudge against me?

Asked by a user in Garden City, NY - almost 2 years ago.

It seems as if your mother may need to have a legal guardian appointed to care for her financial affairs if one had not already been appointed by the Court. You described that your sister had taken on this role, perhaps even without a court order, and that you have sued or are about sue your sister to have her account for mishandling your Mom's affairs over the last 4 years. You may bring a guardianship peition in Supreme Court and request that you be appointed as guardian. Once you are...

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1

Attorney answers:

  1. John Virdone

Can my mother get full custody of my baby if she has not been in her grand daughters life for months?

Asked by a user in Schenectady, NY - over 1 year ago.

In New York State, grandparents can petition for custody of their grandchildren. However, they will have to prove that there are extraordinary circumstances and it is in the best interests of the children. In your case, the Judge already awarded the grandmother temporary custody before trial, which is very rare. It means that even without a trial, the Judge deemed there was an emergency. Usually, the grandparent will have to prove his or her case before any form of custody is awarded. If you...

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