Debra H. v. Janice R.

Summary

The New York Supreme Court, Appellate Division, First Department held that a nonbiological, nonadoptive former partner lacked standing to seek custody or visitation of the respondent’s biological child. The court concluded that equitable estoppel could not be invoked to overcome the lack of standing, reversed the order granting a hearing, denied the petition, and dismissed the proceeding.

Holdings

1. A party who is neither the biological nor adoptive parent of a child lacks standing to seek custody or visitation rights under Domestic Relations Law § 70, even when the party has developed a longstanding, loving, and nurturing relationship with the child and participated in a prior relationship with the biological parent.
2. Equitable estoppel may not be invoked where the party lacks standing to assert at least a right to visitation.
3. The challenge to the appointment of a law guardian was academic because petitioner's lack of standing required denial of the petition and dismissal of the proceeding.

Questions Presented

1. Whether a person who is neither the biological nor adoptive parent of a child has standing under Domestic Relations Law § 70 to seek custody or visitation based on a loving and longstanding parental relationship.
2. Whether equitable estoppel may be invoked to establish or preserve a custody or visitation claim when the claimant lacks standing as a biological or adoptive parent.
3. Whether the appointment of a law guardian was improvident, given the disposition of the petition for lack of standing.

Disposition

reversed