permant custody

[rockincrew27]

I have had custody of my niece and nephew for almost 2 years. Feburary 15 2009 will be 2 years. Since then my brother and other have not been able to get their act together 100%. They have since had another child who was born on July 29th 2008. Dss has found it to be more harming if this child was to be removed from their home, hench this child remains with them. While on the other hand thier 2 children i have can not even have unsuppervised visits. I was wondering if i could legally petion the court for custoday of this child. My brother and other have severe drug issues and have not been able to clean up their act. Even after testing for drugs since this baby has been born more than once, DSS wants the child to remain with them...... Can i go beond and try to get this child also?

[NYS Navigator]

You can absolutely petition for custody. What you need to do is file a petition in Family Court and show that there are "extraordinary circumstances" going on in the home (drug issues, past CPS issues if that is the case) that make your home a more suitable fit for the child. It is also best to show any kind of relationship that you have had, or attempted to have, with the child. I would recommend viewing the Custody and Guardianship Fact sheets on our website under "Legal Information" to get more information on your options. While you do not technically need a lawyer for this, it may be a good idea to speak with one. If you would like to be put in touch with a kinship savvy lawyer, please give us a call at 1-877-454-6463, or email us at navigator@nysnavigator.org. I wish you the best of luck!!