Summary
In Matter of Catherine JJ. v. Charlotte II. (216 A.D.2d 752), the petitioner grandmother sought visitation with the offspring of a daughter over whom the petitioner's parental rights had been terminated.
Summary of this case from ANN M.C. v. ORANGE COUNTY DSSOpinion
June 22, 1995
Appeal from the Family Court of Franklin County (Main, Jr., J.).
Petitioner is the maternal biological grandmother of two infant children, Amanda II. and Brandy D. Both children's parents have surrendered their parental rights to the children. Petitioner's parental rights to her biological daughter Charlotte II. were terminated on July 22, 1981 ( Matter of Charlotte II., 98 A.D.2d 859). Family Court dismissed the petitions as a matter of law, finding that petitioner had no basis in law to either custody or visitation with the children in that her relationship to them was abrogated when she lost her own parental rights to her own child, the children's mother.
There should be an affirmance. When petitioner's parental rights to her own daughter were severed, any familial connection to her daughter or the daughter's progeny was also severed. To hold otherwise would contravene the public policy expressed in Social Services Law § 384-b. The Court of Appeals has made clear that grandparents have no statutorily based rights over adoptive parents where natural parents have consented to an adoption ( see, Matter of Peter L., 59 N.Y.2d 513, 520).
Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the orders are affirmed, without costs.