A New York woman petitioned the Family Court seeking to obtain custody of her cousin’s child. According to a March 4, 2013 New York Law Journal article the child is currently in foster care because the mother was found to have neglected the child’s needs.

The woman’s petition was met with hostility from the mother, attorney for the child, and the Westchester County Department of Social Services. All three of these parties argued against the change of custody. The main argument was the fact that the petitioning cousin did not have a positive relationship with the child’s mother. The DSS emphasized the fact that the custody change would cause a significant strain on the relationship between the mother and the child, since the cousin would not be willing to work with the mother.

Taking all of the arguments into consideration the court ruled to deny the cousin’s petition. The court reasoned that the cousin did not have proper standing. Although the father did not deny paternity it had yet been determined in the legal system that he was the biological father.

At the law offices of Jayson Lutzky, P.C., we have helped thousands of satisfied clients. Mr. Lutzky has 30 years of experience in the area of family law. If you are considering divorce or are seeking an attorney regarding child support, paternity, visitation or spousal maintenance, then you should contact our office at (800) 660-5299. Mr. Lutzky offers free initial in person consultations. For further information, please visit our website, www.MyNewYorkCityLawyer.com.