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MOTHER’S CUSTODY PETITION SHOULD NOT HAVE BEEN DISMISSED WITHOUT A HEARING; CUSTODY PETITION MAY BE HEARD JOINTLY WITH A PERMANENCY HEARING (SECOND DEPT).

The Second Department, reversing Family Court, determined than mother’s petition for custody should not have been dismissed without a hearing and noted that a custody petition may be heard jointly with a permanency hearing:

The appeal from the order dated September 27, 2018, has not been rendered academic by the permanency hearing order dated November 13, 2018, which apparently changed the permanency goal from working toward legal guardianship by the maternal grandmother to guardianship by a different relative. The order appealed from denied the mother’s petition for custody, and the issue of whether that order was proper will continue to affect the mother’s rights … .

Custody determinations should “[g]enerally be made only after a full and plenary hearing and inquiry” … . Here, the record does not reveal the existence of circumstances that would bring this case within the narrow exception to the general right to a hearing … .

However, the petition for custody may be heard jointly with any permanency hearing held pursuant to Family Court Act article 10-A (see Family Ct Act § 1089-a[a] …). Matter of Barcene v Parrilla, 2019 NY Slip Op 07575, Second Dept 10-23-19

 

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