Richards v. Williams

Summary

The Appellate Division affirmed an order granting the mother custody of the children and denying the maternal grandmother’s custody petition. The court held that the grandmother failed to establish the extraordinary circumstances required before a nonparent may challenge a natural parent’s custody, despite the children having lived with her for much of their lives.

Holdings

1. A natural parent may not be deprived of custody absent surrender, abandonment, persistent neglect, unfitness, or other like extraordinary circumstances; only after that threshold is established may the court inquire into the child's best interests.
2. The maternal grandmother failed to establish extraordinary circumstances warranting a hearing regarding the children's best interests because the mother had not relinquished care and control, had lived with the children for significant periods, had visited them, and had provided financial support.

Questions Presented

1. Whether the maternal grandmother established extraordinary circumstances sufficient to overcome the mother's superior custodial right and warrant a best-interests inquiry.
2. Whether the Family Court properly awarded custody to the mother after finding that extraordinary circumstances had not been established.

Disposition

affirmed