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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.
If a child is abused by his or her parents or the person who is legally responsible for the child, New York law gives certain designated people the authority to remove the child from the custody of those suspected of abuse and to place the child into protective custody.
Permanently neglected the child for at least 12 months by failing to maintain contact with the child and plan for the future of the child. Legally abandoned the child for at least 6 months. Severely or repeatedly abused the child. Has a mental illness that prevents the parent from caring for the child.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
When a parent's rights are terminated, they are no longer legally required to support their children financially (although any outstanding child support must still be paid), and lose any rights to visitation or custody.
Grounds for Involuntary Termination In New York, the state or another individual can seek to terminate parental rights if it is in the best interests of the child. The legal grounds for involuntary termination of parental rights are as follows: The parent has intentionally abandoned the child for six months or more.
A termination of parental right happens when a city agency (like NYC Administration for Children's Services - ACS) or foster care agency files a petition in Family Court asking a Judge to end a parent's parental rights. The petition must give a ground (legal reason) for the termination.
The non-custodial parent may have the right to receive medical or education information, but he/she does not make the decisions. Joint custody means that two parents (and sometimes other caregivers) share the authority to make decisions about the child.