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Maternal Aunt Granted Custody of Child

Child Sleeping

In a case before judge Lilian Wan sitting in the Family Court of Kings County the Administration for Child Services (ACS) brought a proceeding under article 10 of the Family Court Act alleging a mother had neglected her new born child in addition to other allegations about the mother. The child had been placed in a foster home.  The child’s maternal great aunt Rene brought a petition for custody of the child. The child had been placed in a foster home temporarily.

The Courts Direction to ACS

The court directed ACS to commence an interstate compact regarding the placement of the children to assist Rene in obtaining physical custody of the child. Judge Lilian Wan made a finding the mother had neglected the child.  She thereafter ordered ACS to file a termination of parental rights proceeding against the mother.  ACS joined with Rene, the maternal great aunt, in Rene’s petition for permanent custody of the child. This action was opposed by the foster family and the attorney for the child. Judge Wan noted the foster parents would be prevented from proceeding with an adoption petition because ACS refused to consent with this adoption.  Judge Wan took the position it was not in the child’s best interest to have continued foster care services for the child. There now was a suitable relative who could take care of the child. ACS joined in support of the petition by the great aunt, Rene, that she was capable of providing the appropriate custodial home for the child.

Attorney Elliot Schlissel

The court rendered a decision that found the best interest of the child will be served by an order granting the child’s great aunt sole legal and physical custody   The aunt’s and ACS’ motion were granted and foster care was terminated.

Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore

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