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Does Guardianship Override Parental Rights in New York?
As a general rule, guardianship does not override parental rights in New York, unless the court order states otherwise. Still, a parent can request to have the guardianship revoked.
In New York, biological or adoptive parents automatically have the right to make important decisions about their child's life, such as their upbringing, education, and health care. These rights are protected by law and are inherent to being a parent. However, the court can change or take away these parental rights in certain situations, like when a child is abused, neglected, or abandoned. If the court decides to modify or terminate parental rights, they can appoint a guardian to make some or all of the decisions for the child that the parents used to make. Only when the court orders this change can guardianship override parental rights in New York in certain aspects, as specifically provided by the court order.
Guardianship vs. Parental Rights
While guardianship grants the guardian authority to make decisions for the child, it does not automatically terminate or supersede parental rights. In fact, New York courts generally prefer to maintain parental rights whenever possible and will only grant guardianship when it is deemed necessary for the child's well-being. The court will consider factors such as the child's best interests, the parents' ability to care for the child, and the potential guardian's suitability before making a decision. The court may also appoint a guardian for a child, even when a parent is present, in estate matters involving a minor child receiving a substantial inheritance.
In New York, the legal landscape surrounding guardianship and parental rights is designed to prioritize the best interests of the child. While biological and adoptive parents have inherent rights to make decisions for their children, the court can intervene and appoint a guardian when necessary to ensure the child's well-being. The court will consider various factors, such as the parents' ability to care for the child and the potential guardian's suitability, before making a decision.
If you'd like to apply for guardianship over a child, contact the Law Offices of Albert Goodwin to discuss your specific legal needs to ensure that you are making the best choice for your situation. You can call us at 212-233-1233 or send us an email at [email protected]. We are located in Midtown Manhattan in New York, NY.
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
