Ronald FF v. Cindy GG, 70 N.Y.2d 147 (1987)

Visitation rights cannot be granted to a biological stranger against the wishes of a fit custodial parent based on the ‘extraordinary circumstances’ rule established in Bennett v. Jeffreys, which applies to custody disputes, not visitation.

Summary

This case addresses whether a man, proven not to be the biological father of a child, can be granted visitation rights against the wishes of the child’s fit mother. The New York Court of Appeals held that the “extraordinary circumstances” standard from Bennett v. Jeffreys, typically used in custody disputes between parents and third parties, does not apply to visitation rights sought by a non-parent when the child is in the custody of a fit parent. The Court emphasized the fundamental right of a parent to determine who associates with their child.

Facts

Ronald FF and Cindy GG dated while in high school. Cindy became pregnant and although Ronald was initially hesitant, he agreed to be listed as the father on the birth certificate. The couple lived together sporadically, and Ronald maintained regular contact with the child, holding himself out as the father. After they separated, Cindy initiated support proceedings. Upon learning that Cindy intended to move to Texas with the child, Ronald sought a court order restraining her from leaving the jurisdiction and granting him visitation rights.

Procedural History

The Family Court initially granted a temporary restraining order and directed a hearing on paternity. Blood tests excluded Ronald as the biological father, but the court, citing Bennett v. Jeffreys, found extraordinary circumstances warranted visitation in the child’s best interest. The Appellate Division modified the order, eliminating visitation rights for Ronald’s parents but affirming Ronald’s visitation rights. Cindy appealed to the New York Court of Appeals.

Issue(s)

Whether the Bennett v. Jeffreys standard, applicable to custody disputes between parents and third parties, can be extended to grant visitation rights to a non-parent against the wishes of a fit custodial parent.

Holding

No, because the Bennett v. Jeffreys rule is carefully crafted and intended only for custody disputes and should not be casually extended to visitation matters. The State may not interfere with the fundamental right of a fit parent to choose those with whom her child associates without a compelling state purpose that furthers the child’s best interests.

Court’s Reasoning

The Court of Appeals reversed the Appellate Division’s decision, holding that the Bennett v. Jeffreys “extraordinary circumstances” test is not applicable to visitation disputes between a parent and a biological stranger. The court emphasized the long-recognized principle that parental custody should not be displaced absent grievous cause or necessity, and that it is presumptively in a child’s best interest to be raised by a parent unless the parent is unfit. The Court distinguished between custody and visitation, noting that while visitation is a type of custody, the difference in degree is significant. The court stated that “intervention by the State in the right and responsibility of a natural parent to custody of her or his child is warranted if there is first a judicial finding of surrender, abandonment, unfitness, persistent neglect, unfortunate or involuntary extended disruption of custody, or other equivalent but rare extraordinary circumstances which would drastically affect the welfare of the child. It is only on such a premise that the courts may then proceed to inquire into the best interest of the child and to order a custodial disposition on that ground”. Since the mother’s fitness was not questioned and no one sought a change in custody, the Bennett rule did not apply. The Court concluded that the State may not interfere with a parent’s fundamental right to choose with whom their child associates without demonstrating a compelling state purpose furthering the child’s best interests, which was not present in this case. Finally, the court found no legal basis for requiring the custodial parent to notify a non-parent of an intention to move.