E.S. v. P.D., County of Suffolk (Sgroi, J.)

Major Keyword: Custody and Visitation

Grandparental visitation, special relationship with child of deceased daughter. On January 2, 2003 Petitioner, E.S. commenced proceeding for an order granting reasonable visitation rights with her grandchild C.D., against the will of Respondent; her son-in-law, P.D. Petitioner's daughter, A.D. and P.D. were married and had one child, C.D. Tragically, A.D. passed away on March 17, 1998. Following the death, Petitioner lived with Respondent and the child for almost five years. She assumed responsibilities of caring for the child. E.S. often transported her grandson to school and play dates, cooked for him, and performed other household chores. Abruptly, while the child was at school one day, Respondent requested that Petitioner collect her belongings and leave the residence immediately, without saying goodbye to the child. Against her will, Petitioner left the residence. Following her departure, Respondent increasingly prohibited E.S. from having contact with C.D. Almost all of her visits were supervised by P.D., and often delayed for hours or even canceled in some instances. Petitioner filed this action seeking an order granting her reasonable visitation rights to the child. Respondent moved to dismiss the action, arguing that Domestic Relations Law '72 is applicable to grandparents who do not currently have any visitation rights to their grandchildren, and thus not applicable in this case because E.S. is granted some visitation with her grandson. The Court grants the petition of E.S., awarding her a structured visitation schedule with her grandchild. In its' opinion, the Court points to the recommendations of a law guardian (who recommends that the grandmother be able to see her grandson), the testimony of E.S. herself, and the in camera interview with the child, to establish the close and intimate relationship that exists between E.S. and C.D. The Court finds that under Domestic Relations Law '72, a grandparent has standing to petition for visitation rights where either 1) one or both parents of the child are dead, or 2) where circumstances show that conditions exist which equity would see fit to intervene. Thus, the grandmother is granted visitation rights with her grandson.