Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: ROSELLA G. (Anonymous), Appellant, v. EILEEN B. (Anonymous), et al., Respondents.
In a proceeding pursuant to Family Court Act article 6, the petitioner appeals from an order of the Family Court, Nassau County (Pessala, J.), dated May 27, 1998, which, after a hearing, denied her petition seeking custody of or visitation with her great-grandchild.
ORDERED that the order is affirmed, with one bill of costs.
The petitioner commenced this proceeding seeking custody of or visitation with her great-grandchild. The respondents are the child's parents. We affirm the denial of the petition.
A parent may not be deprived of custody of a child absent a showing of “surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances” (Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 544, 387 N.Y.S.2d 821, 356 N.E.2d 277; see also, Matter of Male Infant L., 61 N.Y.2d 420, 427, 474 N.Y.S.2d 447, 462 N.E.2d 1165; Matter of Tyrique P., 216 A.D.2d 387, 629 N.Y.S.2d 47). Here, the petitioner failed to demonstrate such extraordinary circumstances (see, Matter of McGraw v. McGraw, 258 A.D.2d 464, 685 N.Y.S.2d 251; Matter of Tyrique P., supra).
Moreover, the petitioner, as a great-grandparent of the child, lacks standing to seek visitation (see, Family Ct. Act § 651; Domestic Relations Law § 72; People ex rel. Antonini v. Tracey L., 230 A.D.2d 869, 646 N.Y.S.2d 703).
The petitioner's remaining contentions are without merit.
MEMORANDUM BY THE COURT.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: November 20, 2000
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)