Legal Opinion
Geneva B. v. Administration for Children's Services
Appellate Division of the Supreme Court of the State of New York
Decided May 4, 2010PublishedCited by 11 opinions
1Opinion of the Court
Order, Family Court, Bronx County (Monica Drinane, J.), entered on or about March 31, 2009, which, following a hearing, dismissed appellant’s petition for custody of her grandchildren, unanimously affirmed, without costs.
A grandparent has no preemptive statutory or constitutional right to custody surpassing that of persons who might be selected by the agency as suitable adoptive parents (see Matter of Luz Maria V., 23 AD3d 192, 194 [2005], lv denied 6 NY3d 710 [2006]; Matter of Peter L., 59 NY2d 513, 520 [1983]).
Here, the children have lived with the nonkinship foster mother for 8 of their 11…
2Cases cited3 opinions
- In re Peter L.New York Court of Appeals · 1983
- In re Amber B.Appellate Division of the Supreme Court of the State of New York · 2008
- In re Luz Maria V.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by11 opinions
- Jeanette J. v. Administration for Children's ServicesAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Ender M.Z.-P. v. Administration for Children's Servs.Appellate Division of the Supreme Court of the State of New York · 2015
- In re Stephon M.Appellate Division of the Supreme Court of the State of New York · 2011
- Matter of Jeselle K.J. v. Alexis J.Appellate Division of the Supreme Court of the State of New York · 2025
- Matter of Justice V. (Stephanie M.)Appellate Division of the Supreme Court of the State of New York · 2021
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