Legal Opinion

The Matter of Ricardo Suarez v. Melissa Williams

New York Court of Appeals

Decided December 16, 2015No. 198PublishedCited by 85 opinions

1Opinion of the Court

OPINION OF THE COURT

Stein, J.

This custody dispute between a child’s mother and paternal grandparents concerns the interpretation and application of Domestic Relations Law § 72 (2) and this Court’s decision in Matter of Bennett v Jeffreys (40 NY2d 543 [1976]). We hold that grandparents may demonstrate standing to seek custody based on extraordinary circumstances where the child has lived with the grandparents for a prolonged period of time, even if the child had contact with, and spent time with, a parent while the child lived with the grandparents. Hence, we reverse and remit to the Appellate…

2Cases cited19 opinions

  1. Bennett v. JeffreysNew York Court of Appeals · 1976
  2. Wilson v. McGlincheyNew York Court of Appeals · 2004
  3. In re the Adoption of Male Infant L. Christina L.New York Court of Appeals · 1984
  4. E.S. v. P.D.New York Court of Appeals · 2007
  5. In the Matter of Gabrielle Hh.New York Court of Appeals · 2003

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3Cited by85 opinions

  1. Matter of Tamika B. v. Pamela C.Appellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of Maddox v. MaddoxAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Marcia ZZ. v. April A.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Christy T. v. Diana T.Appellate Division of the Supreme Court of the State of New York · 2017
  5. Thomas v. SmallAppellate Division of the Supreme Court of the State of New York · 2016

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