Opinion
14314 Dkt. No. V-01512/19 Case No. 2020-04278
10-07-2021
In the Matter of FELICIA F., Petitioner–Respondent, v. TETINA A. C., Respondent–Appellant, Tyeem T. K., Respondent.
Carol L. Kahn, New York, for appellant. Kenneth M. Tuccillo, Hastings on Hudson, for respondent. Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the child.
Carol L. Kahn, New York, for appellant.
Kenneth M. Tuccillo, Hastings on Hudson, for respondent.
Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the child.
Manzanet–Daniels, J.P., Mazzarelli, Moulton, Gonza´lez, Pitt, JJ.
Order, Family Court, New York County (Stephanie Schwartz, Referee), entered on or about October 5, 2020, which granted petitioner godmother sole custody of the subject child with no provision for visitation by respondent mother, unanimously affirmed, without costs.
The mother argues that, even assuming petitioner showed the requisite extraordinary circumstances, i.e., a finding of unfitness, for granting custody to a non-parent (see Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 387 N.Y.S.2d 821, 356 N.E.2d 277 [1976] ), it was still in the child's best interests to have supervised visitation with her, the mother. We find that the court's omission of a provision for such visitation was appropriate. The record shows that she, in effect, forfeited her visitation rights through her actions (see generally Matter of Granger v. Misercola, 21 N.Y.3d 86, 90–91, 967 N.Y.S.2d 872, 990 N.E.2d 110 [2013] ).
The mother's remaining arguments, i.e., about her right to counsel and petitioner's medical conditions, are unsupported by the record.