In 2004, after Stacy gave birth to her child, she experienced postpartum depression, and checked herself into a mental health facility. Stacy's mother, Bonnie, then filed a request with Ulster County Family Court to get custody of her grandkid.
Initially, Bonnie was given temporary custody while Stacy had "extensive weekly supervised visitation." Two months later, the court gave the grandmother full custody, with visits by Stacy at Bonnie's discretion.
In 2007, Stacy sought to obtain full custody, claiming that she had been denied access to her child. Although that accusation was withdrawn, Bonnie still opposed the visitation request. When Stacy tried again, the Family Court denied her application.
The Appellate Division, Third Department, was of the view that a biological parent has a superior right to custody over a nonparent, except under "extraordinary circumstances" -- which hadn't been demonstrated in this case. As a result, the case was sent back to the Family Court for further proceedings.
"What-ever."
To view a copy of the Appellate Division's decision, please use this link: Matter of Mercado v. Mercado