IN RE: R.M.C.T. (2026)

Order, Family Court, Bronx County (Robert T. Johnson, J.), entered on or about April 17, 2024, which, to the extent appealed from as limited by the briefs, after a hearing, granted the petition of the subject child's maternal grandmother and step-grandfather (the grandparents) for sole legal and physical custody of the child and denied the father's petition for custody, unanimously affirmed, without costs.

Family Court properly found that the child's maternal grandparents demonstrated that extraordinary circumstances existed that established their standing to seek custody of the child from the child's surviving parent (see Matter of Suarez v. Williams, 26 N.Y.3d 440, 448, 23 N.Y.S.3d 617, 44 N.E.3d 915 [2015];  Matter of Sharon B. v. Tiffany P., 143 A.D.3d 573, 573, 39 N.Y.S.3d 440 [1st Dept. 2016];  Domestic Relations Law § 72[2][a]).  Since the mother's death, the grandparents have been the child's consistent, primary caregivers and means of financial support (see Roberta P. v. Vanessa J.P., 140 A.D.3d 457, 457, 31 N.Y.S.3d 507 [1st Dept. 2016], lv denied 28 N.Y.3d 904, 2016 WL 6113618 [2016]).  The father, on the other hand, testified that he visited the child sporadically before the mother's death and had no contact with the child since then (see id. at 458, 31 N.Y.S.3d 507).

The totality of the circumstances demonstrated that the award of custody to the grandparents was in the best interests of the child (see Matter of Tawanna W. v. Kamella T., 233 A.D.3d 638, 638, 224 N.Y.S.3d 59 [1st Dept. 2024]).  The grandparents provided the child with a stable and nurturing home following the child's mother's death (Matter of Ruth L. v. Clemese Theresa J., 104 A.D.3d 554, 555, 961 N.Y.S.2d 413 [1st Dept. 2013], lv denied 21 N.Y.3d 860, 2013 WL 3198149 [2013]).  The grandmother credibly testified to providing the child with emotional support and guidance following this traumatic and devastating loss, including enrolling in grief therapy.  The grandparents also enrolled the child in school, attended to the child's educational and medical needs, and facilitated contact with the child's stepsiblings.  Having had the ability to view the witnesses and hear the testimony, the court's findings on this issue should be accorded great deference (see Matter of Tawanna W., 233 A.D.3d at 639, 224 N.Y.S.3d 59).