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MATTER OF MARTINEZ-SAROFF v. MARTINEZ-SAROFF, 174 A.D.3d 1337 (2019)

Court: Supreme Court of New York Number: innyco20190705315 Visitors: 33
Filed: Jul. 05, 2019
Latest Update: Jul. 05, 2019
Summary: It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Memorandum: In this proceeding pursuant to Family Court Act article 6, respondent mother appeals from an order that, inter alia, granted custody of the subject child to petitioners, the child's maternal grandparents, with visitation to the mother. "It is well established that, as between a parent and a nonparent, the parent has a superior right to custody that cannot be denied unless the nonparent establ
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It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to Family Court Act article 6, respondent mother appeals from an order that, inter alia, granted custody of the subject child to petitioners, the child's maternal grandparents, with visitation to the mother. "It is well established that, as between a parent and a nonparent, the parent has a superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right because of `surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances'" (Matter of Gary G. v Roslyn P., 248 A.D.2d 980, 981 [4th Dept 1998], quoting Matter of Bennett v Jeffreys, 40 N.Y.2d 543, 544 [1976]). Here, contrary to the mother's sole contention on appeal, we conclude that Family Court properly determined that petitioners met their burden of proving the existence of extraordinary circumstances and, thus, that they had standing to seek custody of the child (see Matter of Thomas v Armstrong, 144 A.D.3d 1567, 1568 [4th Dept 2016], lv denied 28 N.Y.3d 916 [2017]; Matter of Thomas v Small, 142 A.D.3d 1345, 1345 [4th Dept 2016]; Matter of Van Dyke v Cole, 121 A.D.3d 1584, 1585-1586 [4th Dept 2014]; Matter of Braun v Decicco, 117 A.D.3d 1453, 1454 [4th Dept 2014], lv denied in part and dismissed in part 24 N.Y.3d 927 [2014]).

Source:  Leagle

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