You are here: / / BECAUSE MOTHER HAD RELINQUISHED CUSTODY OF THE CHILD TO THE MATERNAL GRANDFATHER...
,

BECAUSE MOTHER HAD RELINQUISHED CUSTODY OF THE CHILD TO THE MATERNAL GRANDFATHER FOR MORE THAN 24 MONTHS, THE JUDGE SHOULD HAVE HELD A “BEST INTERESTS OF THE CHILD” HEARING BEFORE RULING ON MOTHER’S PETITION FOR SOLE CUSTODY (SECOND DEPT).

The Second Department, reversing Family Court, determined the maternal grandfather, who had custody of the child for more than 24 months with the consent of mother, demonstrated “extraordinary circumstances’ which warrant a “best interests of the child” hearing before ruling on mother’s petition for custody:

Pursuant to Domestic Relations Law § 72, “an ‘extended disruption of custody’ between the child and the parent ‘shall constitute an extraordinary circumstance'” … . “The statute defines ‘extended disruption of custody’ as including, but not limited to, ‘a prolonged separation of the respondent . . . and the child for at least twenty-four continuous months during which the parent voluntarily relinquished care and control of the child and the child resided in the household of the petitioner grandparent or grandparents'” … . “Where extraordinary circumstances are present, the court must then consider the best interests of the child in awarding custody” … .

… [T]he maternal grandfather sustained his burden of demonstrating the existence of extraordinary circumstances. The evidence at the hearing established a prolonged separation of the subject child from the mother for more than 24 continuous months, during which the mother voluntarily relinquished care and control of the child and the child resided in the household of the maternal grandfather … . Matter of Elisa F. v Daniel D., 2024 NY Slip Op 01306, Second Dept 3-13-24

Practice Point: Here the child, with mother’s consent, was in the custody of the maternal grandfather for more than 24 months before mother brought the petition for sole custody. The maternal grandfather’s custody of the child for mote than 24 months constituted “extraordinary circumstances” warranting a “best interests of the child” hearing before ruling on mother’s petition.

 

You might also like
Lawyer’s Communication Did Not Make “Time of the Essence.”
The Criteria for an Exception to the “Best Evidence Rule” for Admission of an Agreement, the Terms of Which Were In Dispute, Were Not Met—New Trial Ordered
A NEW TRIAL IS REQUIRED BECAUSE THE JUDGE DID NOT RESPOND TO A NOTE FROM THE JURY (SECOND DEPT).
DEFENDANT DID NOT MAKE A PRIMA FACIE SHOWING THAT PLAINTIFF BANK DID NOT HAVE STANDING IN THIS FORECLOSURE ACTION BY MERELY POINTING OUT ALLEGED GAPS IN PLAINTIFF’S CASE, DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, THEREFORE, SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
PRIMA FACIE CASE OF NEGLECT BASED UPON MOTHER’S MENTAL CONDITION HAD BEEN MADE OUT, THE NEGLECT PETITION SHOULD NOT HAVE BEEN DISMISSED, FACT THAT MOTHER HAD NOT BEEN DIAGNOSED AS SUFFERING FROM A MENTAL ILLNESS WAS NOT DISPOSITIVE (SECOND DEPT).
Action Dismissed Because Letters of Administration Had Not Been Issued to Plaintiff at the Time the Action Was Commenced
PROSECUTOR’S REASONS FOR STRIKING TWO BLACK PROSPECTIVE JURORS WERE PRETEXTUAL, NEW TRIAL ORDERED (SECOND DEPT).
Amendment of Bill of Particulars After Four Years of Discovery Should Not Have Been Allowed

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

NOT ALL REAR-END COLLISIONS ARE SOLELY THE FAULT OF THE REAR DRIVER; HERE PLAINTIFF,... IN THIS ACTION BY A PROPERTY OWNER WHO LOST THE PROPERTY TO FORECLOSURE: (1)...