Legal Opinion
In re the Guardianship & Custody of Paul C.
New York City Family Court
Decided October 9, 2008PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
W. Dennis Duggan, J.
The issue to be determined in this case is whether a grandmother, with Family Court Act article 6 custody, may directly file a termination of parental rights (TPR) petition, based on severe abuse, against a father who has murdered the mother. Social Services Law § 384-b (3) (b) provides that a TPR proceeding may be originated “by a relative with care and custody of the child” (emphasis added). Despite what appears to be a clear legislative direction, the court holds that this grandmother has no standing to file a TPR.
The maternal grandmother has filed a…
2Cases cited3 opinions
- Matter of Dale P.New York Court of Appeals · 1994
- Felicity II. v. Lance RR.Appellate Division of the Supreme Court of the State of New York · 2006
- In re Seth Z.Appellate Division of the Supreme Court of the State of New York · 2007
3Cited by1 opinion
- In re the Guardianship & Custody of Paul C.New York City Family Court · 2010