A New York Family Court ruled on an interesting issue of guardianship which was discussed in an October 15, 2012 New York Law Journal article.
A grandmother petitioned the court to gain guardianship over her young grandson. In an interesting twist the grandsonâ€™s school, Huntington Union Free School District, sought to have the petition dismissed or be allowed to intervene in the suit. In their argument the School reasoned that the grandmotherâ€™s petition should be dismissed for its failure to provide â€œextraordinary circumstancesâ€ regarding the guardianship issue.
Although the schoolâ€™s argument had been made in prior New York family court cases, the court in the current legal matter distinguished against the schoolâ€™s claim. The court reasoned that this matter was different in the fact that the grandsonâ€™s mother was consenting to the grandmother taking guardianship. Specifically the fact that the grandchild had been living with his grandparents for a period of time and the fact that the child had been born when his mother was only 16, supported that it was in the best interest of the child to remain with the grandparents.
The school argued that they believed it was in the best interests of the child to stay with the mother only because the sonâ€™s other three siblings were relocating with the mother outside the state. At this time there is no news whether the school will attempt to appeal the courtâ€™s verdict.
Jayson Lutzky has been a practicing New York attorney for over 29 years. He is experienced in getting the best results for his clients who are facing family law issues such as divorces, child custody, and child support issues. If you are facing a family law issue, then contact our law office or visit our website at https://mynewyorkcitylawyer.com/ for a free initial consultation or call 1-800-660-LAWYER or 1-800-660-5299.