Opinion
No. 2672 G-04903/21 Case No. 2023-05575
10-03-2024
In the Matter of Chloe F.C., A Dependent Child Under the Age of Eighteen Years, etc., v. Steven J.C., Respondent-Appellant. Laura A.M., et al., Petitioners-Respondents,
Geoffrey P. Berman, Larchmont, for appellant. Andrew J. Baer, New York, for respondents. Carol L. Kahn, New York, attorney for the child.
Geoffrey P. Berman, Larchmont, for appellant.
Andrew J. Baer, New York, for respondents.
Carol L. Kahn, New York, attorney for the child.
Before: Kern, J.P., Oing, Kapnick, Kennedy, Shulman, JJ.
Order of fact-finding, Family Court, New York County (Hasa A. Kingo, J.), entered on or about October 30, 2023, which, after a hearing, to the extent appealed as limited by the briefs, granted Laura A.M. and Frank A.M.'s petition to be appointed as guardians of the subject child, unanimously affirmed, without costs.
Petitioners met their burden of establishing that extraordinary circumstances existed based upon the cumulative effect of, among other things, the father's voluntary relinquishment of physical custody of the child, his lack of awareness of the child's physical and mental health needs and providers, his failure to even attempt to be involved in her education, his failure to provide for the child financially, and the psychological bond of the child to petitioners (see Matter of Caron C.G.G. [Alicia G. - Jasmine D.], 165 A.D.3d 476, 476 [1st Dept 2018]; Matter of Cornell S.J. v Altemease R.J., 164 A.D.3d 1184, 1184 [1st Dept 2018], lv denied 32 N.Y.3d 913 [2019]). The finding of extraordinary circumstances was also properly based on a number of incidents where the father exhibited a lack of parental judgment, such as his failure to maintain appropriate physical boundaries in front of the child.
The Family Court's determination that awarding guardianship to petitioners was in the child's best interest is supported by a fair preponderance of the evidence (see Family Court Act § 1055-b[a][ii]; Matter of Jason Jiyell J., 203 A.D.3d 460, 461 [1st Dept 2022]), and there is no basis to depart from the Family Court's credibility determinations (see Matter of Prince T.A.M.-F., 224 A.D.3d 509, 509 [1st Dept 2024]). Petitioners established that they provided a stable and loving home for the child and met her physical, emotional, and educational needs. The evidence also established that they had a suitable home and the child thrived in their care. They remained respectful when they needed to communicate about the child and did their best to facilitate the father's parenting time.