Matter of Tyrone Morris v. Domonique Smith and Evette Buntley

Summary

The Appellate Division, Fourth Department reversed a Family Court order awarding the father primary residency and sole decision-making authority concerning the child. The court held that the maternal grandmother established extraordinary circumstances sufficient to confer standing to seek custody, reinstated the mother's amended petition and the grandmother's petition, and remitted for a best-interests hearing. The mother's appellate contentions were deemed academic, and the grandmother's remaining contentions were rejected.

Holdings

1. The grandmother established extraordinary circumstances with respect to both parents and therefore had standing to seek custody and contest the parents’ custody petitions.
2. The grandmother did not establish extraordinary circumstances with respect to the father based specifically on an extended disruption of custody under Domestic Relations Law § 72(2)(a).
3. The Family Court order was unanimously reversed, the mother’s amended petition and grandmother’s petition were reinstated, and the matter was remitted for a hearing to determine the child’s best interests.

Questions Presented

1. Whether the maternal grandmother established extraordinary circumstances sufficient to give her standing to contest the parents’ custody petitions.
2. Whether the grandmother established extraordinary circumstances based on an extended disruption of custody under Domestic Relations Law § 72(2).
3. Whether the matter should be remitted for a best-interests hearing involving the parents and grandmother.

Disposition

reversed_and_remanded