Opinion
9985
10-03-2019
In re LENORA D., Petitioner–Respondent, v. RICHARD J.R., Respondent–Appellant, Victoria L.H., Respondent.
George E. Reed, Jr., White Plains, for appellant. Larry S. Bachner, New York, for respondent. Janet Neustaetter, The Children's Law Center, Brooklyn (Laura Solecki of counsel), attorney for the child.
George E. Reed, Jr., White Plains, for appellant.
Larry S. Bachner, New York, for respondent.
Janet Neustaetter, The Children's Law Center, Brooklyn (Laura Solecki of counsel), attorney for the child.
Acosta, P.J., Renwick, Manzanet–Daniels, Singh, JJ.
Order, Family County, Bronx County (Tamra Walker, Referee), entered on or about March 2, 2018, which, after a hearing, found that extraordinary circumstances existed to permit petitioner maternal grandmother to seek custody of the subject child, and granted the grandmother's petition for sole custody of the child with visitation to the father, unanimously affirmed, without costs.
Petitioner grandmother demonstrated the requisite extraordinary circumstances to establish her standing to seek custody of the child after her mother died unexpectedly (see Matter of Suarez v. Williams , 26 N.Y.3d 440, 23 N.Y.S.3d 617, 44 N.E.3d 915 [2015] ; Domestic Relations Law § 72[2][a] ). For about four years before the mother's death in 2017, the mother and the child had lived in the grandmother's household, and the mother and grandmother together provided for all the child's financial and other needs. In contrast, the father resided with the child for about two years after her birth, until the mother moved out with the child in about 2008. Thereafter, the father saw the child sporadically and provided minimal financial support (see Suarez , 26 N.Y.3d at 450–451, 23 N.Y.S.3d 617, 44 N.E.3d 915 ). Given the child's need for stability in the aftermath of her mother's sudden death, the grandmother met her burden of showing extraordinary circumstances (see id. ; Roberta P. v. Vanessa J.P. , 140 A.D.3d 457, 31 N.Y.S.3d 507 [1st Dept. 2016], lv denied 28 N.Y.3d 904, 2016 WL 6113618 [2016] ; Matter of Danzy v. Jones–Moore , 54 A.D.3d 858, 863 N.Y.S.2d 761 [2d Dept. 2008] ).
The record also supports the finding that it is in the child's best interests to be in the grandmother's custody (see Matter of Bennett v. Jeffreys , 40 N.Y.2d 543, 387 N.Y.S.2d 821, 356 N.E.2d 277 [1976] ). The grandmother has supported the child and provided a stable and loving home where the child is thriving and all of her needs are met (see Matter of Ruth L. v. Clemese Theresa J. , 104 A.D.3d 554, 961 N.Y.S.2d 413 [1st Dept. 2013], lv denied 21 N.Y.3d 860, 2013 WL 3198149 [2013] ). The child is fully bonded with the grandmother, who has provided her with financial and emotional support, especially after the mother's death, and provided for all of her medical care and educational needs.
We have considered the father's remaining arguments and find them unavailing.