Q: My family minor is in a psych unit because the guardian can not care for her and is always abusing her and kicking her out. So she sent her to a psych unit.. She’s been in the psych unit for 3 years. The guardian was going to first give me joint custody but then she switched up and said she doesn’t want to give up her rights at all because she doesn’t want her to be happy. Can I file for custody even though my niece who is in the pysch unit is adopted.
A: David’s Answer: Theoretically yes, but you’d need to prove the child has been persistently neglected or physically/sexually abused. Absent that – or a finding of legal abandonment – then you would not have standing to file for custody. Schedule a consult with a Bronx Child Custody attorney for a full assessment.