Get Help With Guardianship For A Child In New York

Until a child reaches 18 years of age, their parents are generally the people who make many decisions about their life and guide them into the future. When a parent is not able to be there, a legal guardian needs to act in the parent’s stead.

At Enea, Scanlan & Sirignano, LLP, our attorneys have more than 150 combined years of experience helping families of all shapes and sizes in Westchester and the greater metropolitan area of New York establish the legal protections for their loved ones that they need.

Can You Obtain Guardianship Over A Minor Without Parental Consent?

Many of our clients come to us when they are seeking guardianship of minor children without the consent of the children’s parents. For example, a child may have been abandoned by their parents and left in another relative’s care, or a relative may have concerns about the child’s general care and safety.

Under New York laws, any concerned party – such as a grandparent, aunt, uncle or adult sibling – can seek guardianship over a minor. What ultimately will happen, however, rests entirely on what the court perceives to be in the child’s best interests. That makes it particularly critical to have an experienced lawyer presenting your case for guardianship to the court.

Is Guardianship Over A Disabled Adult Child Automatic?

It surprises a lot of parents to find out that they do not automatically become the guardians of their disabled children when those children become adults. This is true even when the adult in question has obvious, severe disabilities and is functionally still a child.

Surrogate’s Court Procedure Act Article 17-A is designed to allow the parents of a developmentally or intellectually impaired child to obtain guardianship once that child attains the age of majority. Again, the court will need to examine the situation and all relevant information and make the decision based on the adult child’s best interests.

Let Our Lawyers Help You Help The One You Love

At Enea, Scanlan & Sirignano, LLP, our attorneys have been helping our clients handle complicated family situations for decades. Let them help you, too. Call 914-269-2367 or reach out to us online to schedule an appointment at our White Plains or Somers office.