Hezekiah L. v. Pamela A.L.

In this child custody matter, respondent, the child’s paternal aunt, was adjudicated the child’s guardian on consent of the parents and had custody of the child for approximately three years prior to petitioner father filing a petition to vacate the order of guardianship and seeking custody of the child. In opposing the petition, respondent failed to establish extraordinary circumstances that “drastically affect” the child’s welfare, sufficient to deny petitioner, the biological father, custody of his child (see Matter of Bennett v Jeffreys, 40 NY2d 543, 544, 549 [1976]). Although the child…