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If I have permission from the child's mother do I need a court order to take over custody of the child in NY state

Asked over 3 years ago - Yonkers, NY

My unmarried niece has written a letter and had it notarized granting me custody of her 4 year old son to raise and educate.
I have agreed to this arrangement to help her out until such time she can provide a stable home for him.
I reside in Westchester County and they will not allow me to register him for school without court ordered custody.
How do I go about this?

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Attorney answers (1)

Lloyd C. Rosen

Reputation Level 14

Answered about 3 years ago. Child Custody Lawyer in Great Neck, NY.

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Go to the Family Court and file a petition for custody. You can provide the Court with a copy of your niece's letter, but you will have to appear in Court on more than one occasion while the Court investigates the matter to make certain the child's best interests are protected. Make certain you have the cooperation of the child's mother (your niece) when you go in to Court, and it will be easier if she also appears in Court to express her consent to granting custody to you. Best of luck.

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