A Long Island Child Custody Lawyer said this was an appeal of a child custody proceeding pursuant to Family Court Act article 6, and a related guardianship proceeding pursuant to Family Court Act article 6 which granted the petition of the maternal grandmother for her appointment as the permanent guardian of person of the subject child.
A Long Island Family Lawyer said the standard the Court used was that a parent has a superior right to custody that cannot be denied unless the nonparent can show the parent has relinquished their right due to surrender, abandonment, persistent neglect, unfitness or other extraordinary circumstances. In this matter, the Court found that the maternal grandmother met her burden by establishing extraordinary circumstances such as the father’s history of substance abuse and failure to comply with mental health treatments, the father’s criminal history and history of domestic violence, the father’s inability to support the child, and the grandmother’s demonstrated ability to care for the child’s special needs. The maternal grandmother and subject child had also developed a strong emotional bond. There, the order was affirmed.
At times the best interest of the child might require the child be placed with a non-parent, whether that be a close relative or other guardian. If you have a similar case seek the advice of Long Island’s Best Divorce Lawyers at Simonetti & Associates.