E.S. v. P.D., 8 N.Y.3d 150, 863 N.E.2d 100, 831 N.Y.S.2d 96 (2007)

Domestic Relations Law § 72(1) grants grandparents standing to seek visitation under specific circumstances, but courts must give special weight to a fit parent’s decisions regarding their child’s best interests.

Summary

This case addresses whether a grandparent was properly granted visitation rights under New York’s Domestic Relations Law § 72(1) and whether that statute is constitutional under Troxel v. Granville. After the child’s mother died, the grandmother lived with the father and child for 3.5 years, becoming a primary caregiver. When the father ended the arrangement and limited visitation, the grandmother sought court-ordered visitation. The Court of Appeals held that the statute was properly applied and is constitutional, both facially and as applied, emphasizing that while the statute allows for grandparent visitation, it requires significant deference to the decisions of a fit parent.

Facts

A.D. (mother) died of cancer, and her mother, E.S. (grandmother), moved in with A.D.’s husband, P.D. (father), and their son, C.D., to help care for them. After the mother’s death, the grandmother continued to live with the father and child for 3.5 years, providing significant care and support for the child. The relationship between the father and grandmother deteriorated, leading the father to demand the grandmother move out and severely restrict her access to the child. The grandmother then sought court-ordered visitation.

Procedural History

The Supreme Court granted the grandmother visitation rights. The Appellate Division affirmed, modifying the visitation schedule in deference to the father’s wishes. The father appealed to the Court of Appeals, arguing the statute was unconstitutional in light of Troxel v. Granville and that the visitation order was an abuse of discretion.

Issue(s)

1. Whether the grandparent was properly granted visitation rights with her grandson pursuant to Domestic Relations Law § 72(1)?

2. Whether Domestic Relations Law § 72(1) is facially unconstitutional under the United States Supreme Court’s decision in Troxel v. Granville?

3. Whether Domestic Relations Law § 72(1) was unconstitutionally applied in this case?

Holding

1. Yes, because the grandmother established an extraordinarily close relationship with the child for several years, and the trial court properly considered the child’s best interests.

2. No, because Domestic Relations Law § 72(1) is narrowly drafted and can be interpreted to accord deference to a parent’s decision, aligning with the principles established in Troxel v. Granville.

3. No, because the trial court properly employed the presumption that a fit parent acts in the best interest of his child and then thoroughly considered all relevant circumstances before granting visitation.

Court’s Reasoning

The Court of Appeals reasoned that Domestic Relations Law § 72(1) provides a procedural mechanism for grandparents to seek visitation, but it does not create an absolute right. The court emphasized the importance of the two-part inquiry: first, determining standing based on death or equitable circumstances, and second, determining whether visitation is in the child’s best interest. The court stressed that the presumption that a fit parent’s decisions are in the child’s best interests is strong, and courts should not lightly intrude on the family relationship against a fit parent’s wishes.

The court distinguished this case from Troxel v. Granville, where the Washington statute was deemed overly broad. The Court quoted Justice Altman, stating that section 72(1) “can be, and has been, interpreted to accord deference to a parent’s decision, although the statute itself does not specifically require such deference. Further, [section 72(1)] is drafted much more narrowly than the Washington statute [considered in Troxel].” The court noted that the trial court in this case was “mindful” of the father’s parental prerogatives and employed the strong presumption that the parent’s wishes represent the child’s best interests.

The Court of Appeals concluded that, unlike in Troxel, the trial court did not presuppose that grandparent visitation was warranted. Instead, the court properly considered all circumstances, including the child’s wishes, the grandmother’s caregiving skills, and the father’s objections, before granting visitation. The Court reiterated that affirmed findings of fact from the lower courts are binding and that there was no abuse of discretion in applying the statute.