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Custody Awarded to Grandmother


This case deals with Jessica W, Sandra A.H., et al as the petitioner and respondent. The respondent and appellant in the case is Josefina M. The appellant, Josefina M. is appealing an order that was made in the Family Court of Bronx County by Referee Peter Kuper. A New York Family Lawyer said the order granted the petition for custody of the subject child to the paternal grandmother and allowed visitation rights to the respondent mother.

Case Discussion and Decision

There were extraordinary circumstances that existed in this case and it is found that the Family Court of Bronx County properly determined that it was in the best interest of the child to grant custody to the petitioner, the paternal grandmother of the child.

Records show that the child had lived with the petitioner for the majority of her life and has thrived under her care. A New York Custody Lawyer said in contrast, a finding of neglect was filed against the respondent mother based on her mental illness. The mother’s mental illness has persisted and thus prevented her from developing a trusting and loving relationship with the child.

For these reasons, the court affirms the previous decision made by the Bronx County Family Court. The petitioner is granted custody of the child and the respondent mother is given visitation rights.

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