GRANDMA AND CHILD

In this case, the parents were unmarried, and the father's mother (grandma) raised the child although the mother has had continuous contact. Grandma applied for custody (no information on father but assume he is out of the picture for whatever reason) and apparently the child (who was 5 years old at the time) preferred staying with grandma. Family Court awarded custody to the mother with visitation to grandma but obviously the child's preferences (even a 5 year old) motivated the attorney for the child to appeal the Family Court decision.

Matter of Amber B. v. Scott C.,  Date filed: 2022-07-07, Court: Appellate Division, Third Department,  Judge: Presiding Justice Elizabeth A. Garry,  Case Number: 533977:

"The grandmother has been a significant source of support and has clearly made a substantial positive impact on the child's life. Without this support, the child's life would have been tumultuous. The AFC emphasizes the psychological bonding between the grandmother and the child, and we recognize the importance of that bond. Nonetheless, "[a] parent cannot be displaced merely because the child has bonded psychologically with a nonparent" (Matter of Sellers v Brown, 155 AD3d 1047, 1049 [2017], lv denied 31 NY3d 901 [2018]; see Matter of Cortright v Workman, 304 AD2d 862, 863 [2003])."