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PATERNAL GRANDMOTHER COULDN’T SEEK CUSTODY

“EXTRAORDINARY CIRCUMSTANCES” WERE NOT SHOWN

When a paternal grandmother sought custody of her grandkids (who were in the custody of their maternal great-grandfather), the Nassau County Family Court denied the request for “lack of standing.”

On appeal, the Appellate Division, Second Department, noted that a grandparent may seek custody if there is a legally sufficient demonstration of “surrender, abandonment, persisting neglect, unfitness, and unfortunate or involuntary disruption of custody over an extended period of time” … “or other like extraordinary circumstances.”

Absent such a showing, the AD2 thought the grandmother’s request had been appropriately denied.

There was no standing up to that, either.

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DECISION

Matter of S. v. D

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