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In the Matter of Charles v. Moreno

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 2002
293 A.D.2d 604 (N.Y. App. Div. 2002)

Opinion

1998-09733

Submitted March 11, 2002.

April 15, 2002.

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from so much of an order of the Family Court, Kings County (Ebrahimoff, R.), dated September 10, 1998, as, after a hearing, denied her petition for custody.

Robert E. Nicholson, Brooklyn, N.Y., for appellant.

Kenneth Jaffe, Long Beach, N.Y., Law Guardian for the children.

Before: NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, JJ.


ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The mother challenges the Family Court's award of custody of her 10-year-old daughter and 12-year-old son to the children's paternal grandmother, who has cared for them since August 1994. We reject the mother's contention that the award was not supported by a showing of extraordinary circumstances (see Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 544; Matter of Pauline G. v. Carolyn F., 187 A.D.2d 589). The mother exposed the children to excessive corporal punishment (see Matter of William L. v. Betty T., 243 A.D.2d 860), had limited parenting skills, and lacked child-rearing judgment that placed the children in serious jeopardy (see Matter of Hansen v. Post, 167 A.D.2d 702, 703). She left the children alone at home, unsupervised, on various occasions (see Matter of Pamela S. S. v. Charles E., 280 A.D.2d 999), and suffered from significant post-traumatic stress disorder coupled with narcissism and schizotypal personality traits (see Matter of Benjamin B., 234 A.D.2d 457, 458). "The existence of this mental condition, combined with the protracted separation of mother from child[ren] and the attachment of the child[ren] to [their grandmother] * * * support the hearing court's finding of extraordinary circumstances" (Matter of Benjamin B., supra, at 458). Moreover the children were thriving, happy, and well-developed in the grandmother's care (Matter of Benjamin B., supra).

The record supports the Family Court's determination that it was in the best interests of the children that custody remain with the grandmother (see Matter of Bennett v. Jeffreys, supra).

The mother's remaining contention is without merit.

SMITH, J.P., GOLDSTEIN, FRIEDMANN and McGINITY, JJ., concur.


Summaries of

In the Matter of Charles v. Moreno

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 2002
293 A.D.2d 604 (N.Y. App. Div. 2002)
Case details for

In the Matter of Charles v. Moreno

Case Details

Full title:IN THE MATTER OF IDALIA CHARLES, petitioner-respondent, v. SALINA MORENO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 15, 2002

Citations

293 A.D.2d 604 (N.Y. App. Div. 2002)
741 N.Y.S.2d 255

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