Matter of Barrett v Gaines

Holding The court affirmed the dismissal of the grandmother’s custody petitions because she failed to establish the existence of extraordinary circumstances required to overcome the parents’ superior custody rights. The court determined that a single indicated report of abuse and the father’s employment or criminal history did not constitute extraordinary circumstances under the law.

The court’s words

the parent has a superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right

2026 NY Slip Op 04683, at the official text

the grandmother did not establish an "extended disruption of custody" within the meaning of Domestic Relations Law § 72 (2)

2026 NY Slip Op 04683, at the official text

the single indicated report of abuse or maltreatment does not constitute extraordinary circumstances, especially inasmuch as no neglect or abuse proceeding was ever commenced

2026 NY Slip Op 04683, at the official text

none of those factors constitutes extraordinary circumstances to confer standing on the grandmother to seek custody of the children

2026 NY Slip Op 04683, at the official text