New York Family Law Blog
Anne MM. v. Vasiliki NN. 2022 N.Y. Slip Op. 2161 (N.Y. Sup. Ct. 2022), involves a question of grandparents rights and the concept of extraordinary circumstances. In the context of a child custody case involving grandparents, “extraordinary circumstances” refers to specific situations or conditions that are deemed exceptional or unusual, warranting the court’s intervention to grant custody or visitation rights to the grandparents over the biological parents. These circumstances must demonstrate that the child’s well-being and best interests are significantly compromised if custody or visitation remains with the parents.
Examples of extraordinary circumstances may include instances of surrender, abandonment, persistent neglect, unfitness, an extended disruption of custody, or other similarly severe conditions. For instance, if a parent engages in gross misconduct or displays behaviors indicating utter indifference or irresponsibility towards the parental role, such as allowing the child to live in squalor, failing to address serious substance abuse or mental health issues, or exhibiting instability in housing or employment, these could constitute extraordinary circumstances.
The court examines the aggregate of behaviors and circumstances to determine if they rise to the level of being extraordinary. It’s not merely about isolated incidents but rather about patterns of behavior or conditions that substantially impact the child’s well-being and development.
When evaluating extraordinary circumstances, the court considers the child’s safety, stability, and overall welfare. If the grandparents can establish that such circumstances exist and that they are better equipped to provide a stable and nurturing environment for the child compared to the biological parents, the court may grant them custody or visitation rights.
However, the burden of proof lies with the grandparents to demonstrate the presence of extraordinary circumstances. They must provide clear and convincing evidence to support their claims, showing that it is in the child’s best interests to be in their care or to have visitation with them.
Ultimately, the determination of extraordinary circumstances and the granting of custody or visitation rights to grandparents are made with the primary consideration being the welfare and best interests of the child.
Background Facts
In December 2017, the child’s father, Christopher OO., was arrested for possessing drugs and drug paraphernalia and endangering the welfare of a child. He was found asleep in a parked vehicle with the child. Respondents, Vasiliki NN. (the mother) and Christopher OO. (the father), are the child’s parents, born in 2014. In January 2018, the child’s maternal grandparents (hereinafter the grandparents) filed petitions seeking custody and visitation rights. Family Court initially granted sole legal and physical custody to the grandparents in February 2018. Subsequently, in November 2018, an order of protection was issued against the father, prohibiting contact with the child, and requiring paternal grandmother supervision during parenting time.
Following a fact-finding hearing, Family Court found extraordinary circumstances as to the father but not the mother. Despite this, joint legal and shared physical custody were granted to both the grandparents and the mother in December 2019. The grandparents were awarded physical custody every Friday through Sunday during the school year and every Thursday through Sunday during the summer. In January 2020, an amended order of protection was issued against the father, extending until the child’s eighteenth birthday. In March 2020, an amended order directed the mother to provide a residential lease or notarized statement from her landlord and to update residence address changes.
The mother appealed from the December 2019 and March 2020 orders.
Issue
Whether the grandparents had established extraordinary circumstances to justify their petition for physical custody of the child.
Holding
The Appellate Division found that the Family Court erred in granting joint custody to the grandparents and the mother. It determined that the grandparents failed to establish extraordinary circumstances warranting custody. However, the grandparents were granted standing to seek visitation, considering their previous relationship with the child.
Rationale
The appellate division found that the record did not support a finding of surrender, abandonment, persistent neglect, unfitness, or any other extraordinary circumstances with regard to the mother, who was one of the respondents in the case. The court noted that while the father had a history of drug abuse and criminal convictions, there was no evidence implicating the mother in similar behavior. Additionally, there was no indication that the child was at risk of harm while in the mother’s care, as she provided appropriate shelter, clothing, food, and medical attention.
Moreover, the court emphasized that the incident involving the father, where he fell asleep in his vehicle with drug paraphernalia near the child, was an isolated incident and not part of a pattern of persistent neglect. Although the grandparents argued that the mother ceased communication with them, leading to a lack of contact with the child, the court noted that the grandparents made repeated efforts to continue their relationship with the child.
Ultimately, the appellate division concluded that the grandparents did not meet their burden of establishing extraordinary circumstances as to the mother, and therefore, the custody petition should have been dismissed. The court emphasized that custody determinations should be made with the child’s best interests in mind and based on clear and convincing evidence. Since extraordinary circumstances were not established, the court reversed the lower court’s decision regarding physical custody of the child.
Conclusion
The Appellate Division reversed the Family Court’s decision regarding custody but affirmed the grandparents’ standing to seek visitation. The case highlights the importance of establishing extraordinary circumstances when seeking custody and the significance of maintaining meaningful relationships between grandparents and grandchildren. The matter was remitted for further proceedings to determine an appropriate visitation schedule.