## Facts

- Joanne Bennett, an unwed 15-year-old, gave birth to Gina Marie and promptly placed the child with a family friend, Marie Jeffreys (later Marie Jeffreys Marrow), without a formal court order.
- Marrow raised Gina continuously for most of Gina’s life; there was no formal surrender or termination of Bennett’s parental rights.
- When Gina was about eight years old, Bennett—older and more stable—sought custody.
- The New York Court of Appeals had already determined that “extraordinary circumstances,” including prolonged separation, permitted a best-interests inquiry and remanded for a full hearing.
- On remand, the Family Court held a four-week hearing with testimony from 26 witnesses, including mental health and education professionals.
- Evidence indicated Gina functioned well in Marrow’s home and experienced emotional difficulty associated with attempts to transition to Bennett’s home; Gina expressed a preference to remain with Marrow.
- The record included evidence of a decline in Gina’s testing results during the custody dispute period, which witnesses linked to stress from disruption of the long-term placement.
- The Family Court awarded custody to Marrow and granted Bennett substantial visitation.

## Issues

1. After extraordinary circumstances were established, whether the Family Court properly determined that the child’s best interests required continued custody with the nonparent caregiver rather than transfer to the natural mother.

## Decision

- The Appellate Division affirmed the Family Court order awarding custody to Marrow.
- The court held that, given the extraordinary circumstances and the developed evidentiary record, the child’s best interests favored remaining with Marrow.
- The court noted the order protected Bennett’s visitation rights while keeping primary custody with Marrow.

## Legal Principles

- A natural parent’s superior custody claim may be displaced only upon surrender, abandonment, persistent neglect, unfitness, or other extraordinary circumstances materially affecting the child’s welfare.
- Once extraordinary circumstances are shown, the court may conduct a best-interests analysis in which the parental preference is not conclusive.
- In best-interests determinations following extraordinary circumstances, the court may give substantial weight to continuity of care, the child’s emotional and psychological welfare, and the child’s stated preference consistent with age and maturity.
- A custody award to a nonparent may be accompanied by substantial, structured visitation to protect the natural parent’s continuing relationship with the child.

## Conclusion

The court affirmed custody for the long-term nonparent caregiver because extraordinary circumstances permitted a best-interests inquiry, and the evidence supported that the child’s emotional stability and welfare were better served by maintaining continuity of care while preserving significant visitation for the natural mother.


Bennett v. Marrow, 399 N.Y.S.2d 697 (N.Y. App. Div. 2d Dep’t 1977)