Matter of A.G.

Summary

The Appellate Division, First Department unanimously affirmed a Family Court order appointing the petitioner as guardian of the child and dismissing the parents' custody petitions. The court held that the petitioner established extraordinary circumstances supporting nonparent guardianship and that awarding guardianship to her was in the child's best interests.

Holdings

1. J.W. established extraordinary circumstances conferring standing to seek nonparent guardianship because the child had been in J.W.'s exclusive care and custody since infancy and J.W. had assumed full responsibility for the child's daily needs, while the parents had maintained limited involvement and failed to demonstrate feasible plans for the child's return.
2. Awarding guardianship to J.W. was in the child's best interests and was supported by a sound and substantial basis in the record.

Questions Presented

1. Whether J.W. established extraordinary circumstances sufficient to confer standing to seek nonparent guardianship of the child.
2. Whether awarding guardianship to J.W., rather than custody to either parent, was in the child's best interests.

Disposition

affirmed