When Can Grandparents Seek Custody of a Child in New York?

Typically, child custody cases will be between the child’s parents. However, there are certain situations in which the child’s grandparents or other close family members can petition for custody. In New York State, it is well recognized that in many cases, grandparents are essential in the upbringing of the child, especially when one of the parents fails to take care of the child on a daily basis. In this article, we’ll discuss a case involving grandparent custody and how the New York courts make custody decisions.

Background of the case 

In this case, the matter at stake was whether a child could be taken into custody by their paternal grandparents when the child had lived with them from an early age. The child’s grandparents took him into their home right after he was born and cared for him. While the child’s mother continued to visit and play a role in his life, she left most of the responsibilities to the grandparents.

After several years, the grandparents petitioned the court for custody of the child. After a long hearing, the family court determined that the mother voluntarily gave up parental care and control of the child. The court ruled that there was an “extended disruption of custody,” and exceptional circumstances applied. Hence, the grandparents were granted primary physical custody of the child with visiting rights for both parents.

The mother appealed on the grounds that the grandparents did not have standing to file for custody since the mother was actively involved with her son during all those years.

The appeal

Initially, the Appellate Division ruled in favor of the mother, dismissing the grandparents’ application on the grounds that the mother continued maintaining contact with her daughter and was actively engaged in making major decisions regarding her life; the grandparents had failed to meet their burden of proving extraordinary circumstances justifying interference into the parent’s superior right to custody.

Ultimately, the case was heard by New York’s highest court. The court reviewed the relevant Domestic Relations Law § 72(2), where grandparents are entitled to seek custody in case of extraordinary circumstances, which may include a long break in the continuity of custody, among other factors.

In this case, the Court of Appeals overturned the lower court’s ruling. It ruled that the grandparents were entitled to show extraordinary circumstances due to a long period of primary residential custody of the child.

The Court also ruled that grandparents were eligible to file a motion for custody of their granddaughter and remanded the matter for consideration of the child’s best interest.

Talk to a Westchester County, NY, Child Custody Lawyer Today

The Law Office of Robert S. Sunshine represents the interests of parents in custody disputes. Call our Westchester County family lawyers today to schedule an appointment, and we can begin preparing your arguments right away.

Source:

case-law.vlex.com/vid/suarez-v-williams-no-886461396