What are my rights as a father in New York (Part 2)?

Question

I have moved back to NY after living in Florida for 15 years. When I got divorced I got a no-fault Florida Divorce. My ex-wife has had trouble handling my daughter, my daughter is 21 but since she has learning disabilities she is uncapable of making an important decision. My ex-wife half-hearteldly said that in the future in my daughters attittude didnt change she would think about putting her in a group home. This was very upsetting to me and I would like to know what rights as a father do I have in the state Of NY. I am pretty sure that my ex has total custody and is probably my daughters legal guardian. This was a mistalke that I made when I got dicvorce something that I have to live with. Does my ex-wife have to get my permission from me if she was to put my daughter in a group home. I have no problem if my daughter was to live with me. I would welcome this with open arms. I love my daughter more thananything in the world. any advice would really be appreciated. THANKS!!!

Answer 1

I would seek a lawyers advice. You can get custody modifications done. Your situation is unique, because she is already 21. What does your divorce papers say? I think a judge would allow your daughter to come stay with you instead of a group home.

Answer 2

You need to check with a lawyer. Even though your wife had legal custody of your daughter when she was a child there is a difference between that and being her legal guardian now that she is an adult. If you ex-wife is her legal guardian and wants to put her in a home petition the court for guardianship. I'm sure a judge would give your daughter to you before he let her be put in a home. Especially if your daughter could verbally tell the judge that is what she wants. All you have to do is prove to him you can take of her needs.

Answer 3

I don't know which state you need to deal with but I would start with the state where the divorce was handled. You should still have a say in your child's well being. If your daughter can communicate, she may have the right legally to make the decision. Check with Florida authorities and find some legal help. Look up websites for fathers rights. There may be a chapter in your area.

Good luck.

Answer 4

Hi , In most state I'm pretty sure when your divorce or separate and there is Children involve...your ex has to get permission first.....also Call a lawyer up and get legal advice and see what rights you have and explain your condition and what your Ex is talking about doing and ask if she Is allow to do this without your consent and see what the lawyer has to say....I hope I was some help on this..........

Answer 5

Hate to tell you, but if your ex wife has sole custody due to what you are calling your mistake years ago,then she has every right to place your daughter in a group home without your say if she so chooses.

If you want your aughter to live with you, you have to speak directly with your ex andsee if she will agree - otherwise, you are petty much stuck with her decision...you can petition the court if she does put her in a home to have her removed and placed in your care, however, it will be hard for you to win if your ex wife has been the primary decision maker and parent all this time.

Answer 6

Being that you currently live in NY you might be able to file for guardianship there.

Looks like you need to be your daughters legal guardian. You will most likely have to go through the courts unless your daughter is considered fit enough to make decisions on her own (she is an adult) and she decides to live with you.

Answer 7

women are mean b****s who will do anything to hurt you and this is one of them,Yes she has to get permission from you before putting your daughter in a group home.

Answer 8

The same