IN RE: T.G.V. (2025)

Order, Family Court, Bronx County (Jessica I. Bourbon, J.), entered on or about July 12, 2024, which, after extraordinary circumstances and best interests hearings, awarded guardianship of the subject child to petitioner paternal aunt, unanimously affirmed, without costs.

Family Court properly found that petitioner met her burden of showing the requisite extraordinary circumstances to obtain guardianship of the child over the mother's objections (see Family Ct Act § 1055–b[a][iv][A];  Matter of Caron, C.G.G. [Alicia G. — Jasmine D.], 165 A.D.3d 476, 476–477, 85 N.Y.S.3d 430 [1st Dept. 2018]).  Evidence of the mother's extended disruption of custody for over 10 years, the aunt's assumption of full responsibility for the daily care of the child consistently since the father's passing in December 2021, and the mother's minimal, sporadic involvement in the child's life comprise the requisite “extraordinary circumstances” to justify the award of guardianship (id at 476, 85 N.Y.S.3d 430).

Contrary to the mother's argument, petitioner was not required to present expert testimony to establish psychological bonding between the child and the aunt (see Matter of Griselda N.G. v. Yvette C., 192 A.D.3d 592, 593, 145 N.Y.S.3d 31 [1st Dept. 2021]).  Further, the evidence shows that the child had formed a strong parental bond with the aunt (see Matter of Jerrina P. [June H. — Shondell N.P.], 126 A.D.3d 980, 981, 6 N.Y.S.3d 124 [2d Dept. 2015]).

Family Court's determination that it was in the child's best interests to remain with the aunt is supported by a preponderance of the evidence (see Matter of Joseph S. v. Michelle R.F., 3 A.D.3d 446, 447, 770 N.Y.S.2d 722 [1st Dept. 2004]).  The aunt provided the child with a loving and stable home where the child was thriving, and she managed all the child's schooling and health needs (see Matter of Nadine T. v. Lastenia T., 161 A.D.3d 491, 492, 77 N.Y.S.3d 27 [1st Dept. 2018]).  On the other hand, the mother's contact with the child was sporadic, and there was no evidence that she provided any financial support or made any serious efforts to obtain information about the child's education or medical care (see Matter of Tawanna W. v. Kamella T., 233 A.D.3d 638, 638, 224 N.Y.S.3d 59 [1st Dept. 2024]).  Rather, as noted by Family Court, the mother's testimony focused almost entirely on the child's receipt of Social Security checks instead of her care.