Matter of Jimenez v. Perez
144 A.D.3d 1036
| N.Y. App. Div. | 2016Background
- Mother (Any Mileybi Galeano Jimenez) filed a Family Court Act article 6 petition seeking sole custody of her child to obtain an order with specific findings to support the child’s application for Special Immigrant Juvenile Status (SIJS) under 8 U.S.C. § 1101(a)(27)(J).
- Family Court (Nassau County) dismissed the custody petition without a hearing, reasoning that the putative father’s paternity had not been established.
- The dismissal occurred without the Family Court conducting any best-interests analysis or making the SIJS-related factual findings sought by the mother.
- Mother appealed the dismissal to the Appellate Division, Second Department.
- The Appellate Division reviewed whether lack of established paternity is a proper basis to dismiss a natural parent’s custody petition and whether the matter should be remitted for a hearing and findings enabling an SIJS application.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a mother’s custody petition may be dismissed because putative father’s paternity is unestablished | Jimenez: Paternity uncertainty does not bar a natural parent from seeking legal custody or SIJS-related findings | Perez: (implicitly) lack of established paternity undermines custody petition | Court: Dismissal was improper; unestablished paternity does not preclude the mother’s custody petition |
| Whether Family Court must hold a hearing and consider child’s best interests before dismissing | Jimenez: A hearing and best-interest inquiry were required before dismissal | Perez: (implicitly) summary dismissal appropriate due to paternity issue | Court: Family Court erred by dismissing without a hearing; remitted for hearing and new determination |
| Whether the court may issue SIJS-specific factual findings where paternity is not established | Jimenez: Court can make SIJS findings despite unestablished paternity | Perez: (implicitly) such findings depend on established parental status | Court: Court may issue such findings if warranted; paternity gap is not dispositive |
| Appropriate remedy for improper dismissal | Jimenez: Reinstatement and remand for hearing and findings | Perez: (implicitly) affirm dismissal | Court: Reversed, petition reinstated, remanded for hearing and possible SIJS findings |
Key Cases Cited
- Matter of Sanchez v. Bonilla, 115 A.D.3d 868 (App. Div. 2014) (natural parent may seek legal custody)
- Matter of Castellanos v. Recarte, 142 A.D.3d 552 (App. Div. 2016) (custody petitions by natural parents not barred by contested presumptive rights; need for best-interest inquiry)
- Matter of Haide L.G.M. v. Santo D.S.M., 130 A.D.3d 734 (App. Div. 2015) (paternity not dispositive for SIJS-related custody relief)
- Matter of Miguel C.-N., 119 A.D.3d 562 (App. Div. 2014) (SIJS findings may be made irrespective of established paternity)
- Matter of Diaz v. Munoz, 118 A.D.3d 989 (App. Div. 2014) (same principle regarding custody petitions and SIJS findings)
- Matter of Juana A.C.S. v. Dagoberto D., 114 A.D.3d 689 (App. Div. 2014) (remand for hearing and findings where Family Court dismissed without best-interest determination)