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Extraordinary Circumstances Justified Award of Primary Physical Custody to Nonparent–Criteria Described

In affirming Family Court’s award of primary physical custody to the grandmother, the Third Department explained the “extraordinary circumstances” criteria for awarding primary physical custody to a nonparent:

Family Court’s finding of extraordinary circumstances is supported by the record. It is clear and settled that a “parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption of custody over an extended period of time or other extraordinary circumstances” … . “It is the nonparent’s burden to establish extraordinary circumstances and, when that burden is met, custody is determined based upon the child’s best interests” … . The pertinent factors to be considered in determining whether extraordinary circumstances exist “include the length of time the child has lived with the nonparent, the quality of that relationship and the length of time the biological parent allowed such custody to continue without trying to assume the primary parental role” … , an analysis that considers “the cumulative effect of all issues present in a given case” … . Matter of Curless v McLarney, 2015 NY Slip Op 01680, 3rd Dept 2-26-15

 

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