Guardianship and “Extraordinary Circumstances” in New York Custody Law
When a parent loses custody or guardianship of a child to a non-parent, such as a relative, the courts in New York apply one of the highest legal standards available — the “extraordinary circumstances” test. The recent decision in Matter of T.G.V. (App. Div. 1st Dept., Oct. 2025) provides a clear and instructive example of how this standard operates in real-world family law disputes.
The Legal Standard: Extraordinary Circumstances
Under New York law, a biological parent’s right to custody is constitutionally protected and will not be disturbed unless a non-parent can demonstrate “extraordinary circumstances”, a very high burden to meet. These circumstances typically involve long-term separation between parent and child, parental unfitness, abandonment, or other serious conditions showing that the parent has abdicated their parental responsibilities.
Once such circumstances are proven, the court may then proceed to a best interests analysis, examining what arrangement serves the child’s emotional, educational, and physical well-being. This two-step process protects parental rights while ensuring that children remain in safe, stable environments.
The Court’s Application in Matter of T.G.V.
In this case, the Family Court granted guardianship of a child to the paternal aunt over the biological mother’s objection. The evidence established that the mother had been largely absent from the child’s life for over a decade. At the same time, the aunt had provided consistent, stable care, particularly following the father’s death.
The Appellate Division affirmed that the aunt met her burden to prove extraordinary circumstances under Family Court Act §1055-b(a)(iv)(A), emphasizing that:
The mother’s prolonged absence and minimal involvement in the child’s daily life constituted a disruption of custody.
The aunt’s role as the child’s full-time caregiver, managing education, healthcare, and stability, created a strong psychological and parental bond.
The court also reiterated that expert testimony is not required to prove psychological bonding; credible lay evidence of a strong, parental-like relationship is sufficient.
Why This Case Matters for New York Custody Law
The Matter of T.G.V. decision underscores several key principles for family and custody disputes in New York:
Length of Separation Matters: Extended absence or minimal parental involvement can, over time, rise to the level of “extraordinary circumstances.”
Caregiver Stability Is Crucial: Courts prioritize the child’s stability and emotional security over the biological parent’s reemergence.
Evidence Beyond Biology: Demonstrated caregiving, educational involvement, and emotional connection often carry more weight than biological ties alone.
For parents and relatives involved in custody disputes, this ruling reinforces that the Family Court’s focus will always return to what environment best supports the child’s ongoing growth and development, not simply the parent’s desire to reclaim custody after years of absence.
Understanding Guardianship and Custody Modifications
If you are a parent or relative seeking to obtain or modify custody in New York, it’s essential to understand that the legal standard for doing so depends heavily on the nature of your relationship with the child and your demonstrated involvement. For non-parents, proving “extraordinary circumstances” is a demanding process requiring detailed evidence and often testimony about the child’s living situation, care history, and emotional bonds.
At Mindin & Mindin, P.C., we have extensive experience handling complex custody matters across New York City, Long Island, and surrounding counties. Our attorneys are well-versed in the nuances of cases involving extended family caregivers, parental rehabilitation, and modifications to existing custody orders.
If you are facing a custody dispute, contact Mindin & Mindin, P.C. at 888.501.3292 or click this link to schedule a confidential case evaluation.