IN RE: G.Y.W. (2026)

Order, Family Court, New York County (Adetokumbo O. Fasanya, J.), entered on or about September 25, 2024, which, to the extent appealed from as limited by the briefs, dismissed petitioner paternal grandmother's petitions for visitation and custody of the subject children, unanimously affirmed, without costs.

A sound and substantial basis in the record supports Family Court's dismissal of the petition for custody and visitation because the grandchildren have been in the same foster home for more than a decade, almost the entirety of their lives, and are well-bonded with their foster mother, who has met their educational, medical, and special needs (see Matter of Justice V. [Stephanie M.], 194 A.D.3d 531, 532, 149 N.Y.S.3d 23 [1st Dept. 2021], lv denied 37 N.Y.3d 905, 151 N.Y.S.3d 382, 173 N.E.3d 430 [2021];  Matter of Geneva B. v. Administration for Children's Servs., 73 A.D.3d 406, 406, 899 N.Y.S.2d 606 [1st Dept. 2010]).  Family Court's determinations, including its credibility determinations, are entitled to deference and are supported by the record (see Pedreira v. Pedreira, 17 A.D.3d 213, 214, 793 N.Y.S.2d 373 [1st Dept. 2005], lv denied 5 N.Y.3d 716, 808 N.Y.S.2d 140, 842 N.E.2d 26 [2005]).

Further, the evidence established that the grandmother has had infrequent contact with the children, which has been limited to agency supervised visits.  The grandmother has never cared for the children and, in her testimony, she displayed a lack of understanding of their special needs (see Matter of Sandra N. v. Administration for Children's Servs., 103 A.D.3d 591, 592, 962 N.Y.S.2d 75 [1st Dept. 2013], lv denied 21 N.Y.3d 857, 2013 WL 709654 [2013]).  Based on a totality of the circumstances, the grandmother failed to demonstrate that it was in the children's best interests to award her custody (see Matter of Alexander H. v. Sheltering Arms Children and Family Servs., 196 A.D.3d 415, 415–416, 146 N.Y.S.3d 779 [1st Dept. 2021]).

Similarly, the grandmother failed to evince a sufficiently established relationship with the children to meet the threshold standing requirement for visitation (see Matter of Emanuel S. v. Joseph E., 78 N.Y.2d 178, 181–82, 573 N.Y.S.2d 36, 577 N.E.2d 27 [1991]).  Even if the grandmother had established standing, she did not meet her burden of showing that visitation would be in the children's best interests, and the children do not wish to resume visitation with the grandmother (see Matter of Buskey v. Alexis, 226 A.D.3d 770, 772, 209 N.Y.S.3d 451 [2d Dept. 2024], lv denied 42 N.Y.3d 903, 2024 WL 4204743 [2024]).

We have considered the grandmother's remaining arguments and find them unavailing.