The New York family court ruled that special circumstances are required to be met when a grandparent seeks custody rights of their grandchildren, as reported by the New York Law Journal in a December 2, 2011 article.
A New York grandmother sought to gain full custody rights of her twin granddaughters after their mother’s boyfriend inflicted injuries onto the girls. The court granted temporary physical custody while determining whether the mother was fit to have custody.
The court found that although the mother was in denial of her boyfriend’s abuse, there was no evidence to support that the mother in any way “abused, abandoned or neglected” the twins. The court imposed an order of protection for the girls against the mother’s boyfriend which will be in vacated in 2028. However, they found no reason to restrict the mother’s rights thus the grandmother’s petition was denied for lack of special circumstances permitting custody rights.
We at the law office of Jayson Lutzky, P.C. ( are following closely to how the New York courts are deciding on custody issues. If you have any legal questions or concerns regarding a spousal maintenance award, visitation, legal fees, or child support dispute, then please contact our law office at 1-800-660-LAWYER or 1-800-660-5299 today for a free initial consultation.