Written by attorney Katrin Eleonore Falco

Seeking Custody of a Niece or Nephew

Generally, a parent's right to custody of the children is superior to all others. However, a non-parent can seek custody of a child. They must first demonstrate extraordinary circumstances. Extraordinary circumstances include things like surrender, abandonment, neglect, unfitness. Once you've established that extraordinary circumstances exist, the the court will determine whether or not it's in the best interest of the child or children to be in your care.

If you have children and are considering a separation or divorce, one of the most important decisions you will have is how your children will be raised and cared for. This is difficult in an intact marriage; when parents are going through the emotional trauma of marital dissolution, this issue can become explosive. Jean M. Mahserjian, Esq., P.C. understands the complexity of the legal and human issues attached to child custody. We can help you obtain a complete custody arrangement that meets the individual needs of your children and addresses the unique circumstances of your family.

Family law courts decide matters based on their perception of “the best interest of the child”. Since stability is generally in the children’s interest, especially during a time of upheaval like a divorce, the court prefers to maintain the status quo. This can mean identifying a parent who has been the primary caregiver and favoring that person in custody matters, just as the primary bread-winner would take primary responsibility for child support.

Jean M. Mahserjian, Esq., is a New York family law and divorce attorney in Albany, Saratoga, and the surrounding areas. For more than 20 years, Jean has maintained her capital region law firm, located on Route 9 in Clifton Park, New York. The practice encompasses all areas of family and matrimonial law, and an online uncontested divorce service.

Free Q&A with lawyers in your area

Avvo child custody email series

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer