In Matter of Linda S. v. Krishnia S. , Linda filed for custody of her abused and neglected grandchildren.
Following the birth of Steven, her second child, Krishnia left the newborn on a stranger's doorstep. After Krishnia was arrested for the incident, her children were placed in the custody of a foster home.
Even though Linda, as the children's grandmother, asked for custody, the Westchester Family Court denied the request finding that she lacked "a preemptive right" to the relief.
On appeal, the Appellate Division, Second Department, reiterated "A nonparent relative takes no precedence for custody over the adoptive parents selected by an authorized agency."
While Linda wasn't without statutory rights, the court ultimately favored the parents' entitlement to surrender their children up for adoption over any right held by the grandmother.
Certainly not a senior moment.
To download a copy of the Appellate Division's decision, please use this link: Matter of Linda S. v. Krishnia S.