Matter of Del Cid Martinez v. Martinez
144 A.D.3d 905
| N.Y. App. Div. | 2016Background
- Mother (Glenda Yaneth Del Cid Martinez) filed a Family Court Article 6 petition seeking sole custody of her son to obtain findings necessary for him to apply for Special Immigrant Juvenile Status (SIJS).
- The requested judicial findings included that the child is unmarried and under 21, reunification with his father is not viable due to parental neglect or abandonment, and that return to Honduras would be against the child’s best interests.
- The father (Jesus Martinez) opposed the requested findings; the matter proceeded to a hearing in Family Court, Nassau County.
- After a hearing, Family Court denied the mother’s motion to issue the SIJS-related findings.
- Mother appealed; the Appellate Division, Second Department affirmed the Family Court’s order denying the requested SIJS findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Family Court should issue SIJS-related findings that reunification with father is not viable due to neglect or abandonment | Mother argued the record shows reunification with father is not viable because of parental neglect/abandonment, warranting SIJS findings | Father contended reunification was not proven non-viable; facts did not meet statutory/state-law threshold for neglect/abandonment | Court held record did not support a finding that reunification with father is not viable due to parental neglect or abandonment and affirmed denial of the requested SIJS findings |
Key Cases Cited
- Matter of Maria P.E.A. v Sergio A.G.G., 111 A.D.3d 619 (discusses SIJS parental-viability and best-interests findings)
- Matter of Trudy-Ann W. v Joan W., 73 A.D.3d 793 (addresses requirements for SIJS-related reunification and best-interests findings)
- Matter of Leslie J.D. [Maria A.A.G.— Sylvia D.], 140 A.D.3d 1162 (analyzes standards for establishing parental neglect/abandonment for SIJS)
- Matter of Miguel A.G.G. [Milton N.G.G.], 127 A.D.3d 858 (applying state-law standards to SIJS parental-viability determinations)
- Matter of Marvin E.M. de P. [Milagro C.C.—Mario Enrique M.G.], 121 A.D.3d 892 (evaluating sufficiency of evidence for SIJS parental non-viability conclusion)