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DecisionsStepmother wins custody over bio-mother

July 27, 2020

The case is Matter of Bisoh C. v Valentine S. and the First Department just upheld all findings, conclusions, and orders of the trial court. The step-mother prevailed at both an extraordinary circumstances (Bennett) hearing and then a best interests of the child hearing. This two part analysis is required for non-parents to challenge parental custodial rights. In this case, since the step-mother was successful on both accounts, she was awarded custody.

In this case, the facts were already stacked against the mother, absent some significant changes in circumstances. For three years until the father’s death, the child resided with the father and step-mother, and after the father’s death the step-mother assumed all child care-taking responsibilities. In contrast, the mother had, by court order, supervised visits only with the child since the child was four months old, and a finding of neglect had been entered against her for perpetrating acts of domestic violence against the father in the child’s presence, oh, and also for threatening to kill the child.

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About the author:

Founder and Principal Attorney at the Law Office of Bryan Greenberg LLC, Middlesex County, NJ. With an unwavering commitment to guiding individuals through the complex and emotional landscape of divorce and family law matters, Bryan stands as the founding attorney of Law Office of Bryan Greenberg. Backed by years of legal expertise and a deep understanding of Middlesex County's legal landscape, Bryan is dedicated to offering compassionate yet pragmatic solutions to every client's unique situation. Through insightful blog posts, Bryan shares valuable insights, tips, and advice on navigating the challenges of divorce and family law, helping individuals make informed decisions during these critical life transitions. For comprehensive legal guidance and empathetic support, turn to Bryan Greenberg and the team at the Law Office of Bryan Greenberg.

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