New York Family Law Blog
In New York, courts decide child custody cases based on what is in the best interests of the child. When a non-parent seeks custody, the court must first decide if that person has legal standing. If standing is found, the court then considers many factors, including the child’s past and present care, the fitness of each party, and the strength of their relationships with the child. In Matter of Bhanmattie H. v. Roxanne H., the Family Court considered whether a grandmother who had cared for a child most of her life should receive custody after the child’s father passed away and the mother regained physical possession of the child.
Background Facts
Sydney, the child at the center of the case, lived in her paternal grandparents’ home from the time she was an infant. Although both parents initially lived there, the mother moved out when Sydney was very young. She briefly took Sydney with her but returned her to the father within two weeks. Sydney then continued living with her father and paternal grandmother.
When the parents divorced in 2011, the mother agreed to give the father primary residential custody. She rarely exercised her visitation rights and provided little to no financial support for Sydney.