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Stepparents, grandparents, foster parents and anyone else seeking to have a parent's rights involuntarily terminated must take a series of steps that include filing a petition in the court, appointing an attorney for the children, and attending court.
A court appointed guardian for a child has the same power to make decisions for the child as a parent would.
As mentioned above, guardians in New York have the same rights as a custodial parent to a child. However, obtaining custody of a child for a non-parent, when there's no agreement that allows for this to happen, can be very difficult.
You do not get to see your child on their birthday or holidays. Termination also ends your legal responsibilities to take care of your child. Any child support obligation is lifted, and it is as if you and the child are strangers.
In many cases, temporary guardianship can be obtained without going to court. This is usually done through a power of attorney agreement between the parents and the guardian. A power of attorney legally authorizes the temporary guardian to make healthcare and legal decisions on behalf of the minor.