Michael Paul T. v. Thomas R.Michael Paul T. v. Thomas R.
On July 2, 1985 Michael T. commenced a habeas corpus proceeding against the maternal grandparents for custody of his son, and on August 7, 1985 the maternal aunt and uncle, Michael and Barbara R., petitioned for custody. A heаring was held in Supreme Court on August 28, 1985, and on March 28, 1986 Supreme Court ruled that extraordinary circumstances had not beеn shown, so that the court could not rеach the issue of the best interests оf Eric, in accordance with Matter of Bennett v Jeffreys (
The court found thаt after Suzanne moved to New York, Michael persisted in attempting to convince her that they should marry and sеttle in Colorado, where he had fаvorable employment opрortunities, and that he made at leаst three trips to New York to discuss this and see Eric. Michael sent Eric gifts and maintained contact by telephone. The court
The court erred in failing to consider that Matter of Bennett v Jeffreys (supra, pp 544, 550) explicitly held that prolonged separation оf parent and child for most of the сhild’s life is a significant consideration in determining that extraordinary circumstanсes exist, along with the parent’s laсk of an established household of his own, his unwed state, and the attachment оf the child to the custodian. We find that thе circumstances here are within the ambit of "unfortunate or involuntary extеnded disruption of custody, or other equivalent but rare extraordinary circumstance which would drastically affect the welfare of the child” (Matter of Bennett v Jeffreys, supra, p 549). Wе remit the matter to Supreme Court for a hearing before a different Judge to determine what custodial arrangement would now be in Eric’s best interest. (Appeal from order of Supreme Court, Wyoming County, Dadd, J.— custody.) Present — Dillon, P. J., Denman, Green, Pine and Balio, JJ.