In re R.D.R.

2023 NY Slip Op 50307(U)

In the Matter of the Proceeding for the Appointment of a Guardian of the Person of R.D.R. A Minor.

Docket No. G-08487-21

Family Court, Kings County

March 17, 2023

Unpublished Opinion

Caroline P. Cohen, J.

Upon the forgoing papers and for the reasons set forth below, the Court grants C.M. Jr. (hereinafter referred to as "Mr M.") guardianship over the Subject Child R.D.R (hereinafter referred to as "the Subject Child").

Procedural and Factual History:

The Subject Child was born to Respondent Father S.H. (hereinafter referred to as "Respondent Father") and Respondent Mother A.D.R.A (hereinafter referred to as "Respondent Mother") on XXX XX, 2002 in Grenada.

Respondent Mother immigrated from Grenada to the United States in or about 2014. See Transcript, October 20, 2022, p. 21. The Subject Child immigrated from Grenada in 2015 with her sister and stepfather K.A. (hereinafter referred to as "Stepfather"). See Id. Shortly after arriving in the United States, the Subject Child, her sister Respondent Mother and Stepfather moved into an apartment in a family shelter (hereinafter referred to as "the apartment"). See Transcript, October 20, 2022 p. 22.

The Subject Child met Mr. M. through the Boys and Girls Club in either 2018 or 2020. See Transcript, October 20, 2022, p. 7.

The Subject Child moved out of the apartment in late 2020. See Transcript, October 20, 2022, p. 10. The Subject Child currently resides in a youth shelter in the Coney Island section of Brooklyn, NY. See Transcript, October 20, 2022, p. 7. Respondent Mother currently resides in an unidentified location separate from the Subject Child. See Id.; Transcript, January 4, 2023, p. 63.

The Petition for Guardianship of the Person (hereinafter referred to as the "Petition") was filed on behalf of the Subject Child in or about July 2021. The Petition sought for Mr. M. to be named as the Subject Child's guardian, and alleged that Respondent Mother and Stepfather neglected the Subject Child and "kicked her out of the home," and Respondent Father abandoned and neglected the Subject Child. See Petition, July 28, 2021, p. 4.

The Subject Child's counsel served Respondent Father with all required documents. Thereafter, Respondent Father signed, notarized, and returned an affidavit stating that he waived appearing at and receiving further notice of future proceedings, and consented to Mr. M. being the Subject Child's guardian. See Waiver, November 21, 2021.

Respondent Mother did not consent to Mr. M. being named as the Subject Child's guardian and opposed the petition.

Trial:

Parties and counsel conducted a full evidentiary trial on October 20, 2022, January 4, 2023 and January 5, 2023. At trial, the Subject Child's counsel argued that the extraordinary circumstances analysis does not apply because of the age of the Subject Child. In the alternative, counsel argued that extraordinary circumstances are present, as Respondent Mother abandoned the Subject Child. The Subject Child's counsel further argued that appointing Mr. M. as guardian is in the Subject Child's best interests.

The Subject Child testified that before 2015, she a had a "good" relationship with Respondent Mother, implying that the two had a poor relationship thereafter. See Transcript, October 20, 2022, p. 21. While the relationship may have been strained, the Subject Child and Respondent Mother both credibly testified regarding the emotional, educational, and financial support that Respondent Mother provided the Subject Child with through November 2020. For instance, the Subject Child stated that Respondent Mother "tried" to support her academically and would encourage and reassure her regarding her grades. See Transcript, October 20, 2022, p. 28. The Subject Child further testified that Respondent Mother supported her taking classes to prepare for the SAT. See Transcript, October 20, 2022, p. 29. Additionally, Respondent Mother testified that she assisted the Subject Child complete her New York State Tuition Assistance Program application for grants for college. See Transcript, January 4, 2023, p. 33. Furthermore, Respondent Mother testified that she financially provided for the Subject Child financially when she lived with her. See Transcript, January 4, 2023, pp. 42-43. Respondent Mother also credibly testified regarding the special body soap and detergent that she purchased for the Subject Child because of her sensitive skin. See Transcript, January 4, 2023, p. 41.

Respondent Mother testified that her relationship with the Subject Child soured when she encouraged her to attend local community college rather than a four-year college, as she could not afford to pay for the same. See Transcript, January 4, 2023, pp. 34-36. At this time, Respondent Mother also required the Subject Child to watch her younger siblings while Respondent Mother was taking GED classes in the evening three times a week. This prohibited the Subject Child from attending certain extracurricular activities. See Transcript, January 4, 2023, pp. 38-40.

After the disagreement between the Subject Child and Respondent Mother regarding the Subject Child's plans for college, the Subject Child alleged that her mother failed to treat a supposed eczema "flare." See Transcript, October 20, 2022, p. 11. Respondent Mother testified that the Subject Child was successfully treated by over-the-counter medication and denied that the Subject Child has eczema. See Transcript, January 4, 2023, p. 41. Regardless, the Subject Child testified that the "tension" between her and Respondent Mother further increased after this incident. See Transcript, October 20, 2022, pp. 16, 26-28. Because of the Subject Child's strained relations with Respondent Mother, the Subject Child started attending the Boys and Girls Club. See Transcript, October 20, 2022, p. 27.

The Subject Child further testified that she, Respondent Mother and shelter staff met together after shelter staff learned that the Subject Child "was going to be kicked out" by Respondent Mother. See Transcript, October 20, 2022, p. 16. Respondent Mother allegedly did not participate in any measures proposed by shelter staff to resolve the issues between the parties. See Transcript, October 20, 2022, p. 19. The Subject Child testified that in November 2020, Respondent Mother "kicked [her] out" of the apartment. See Transcript, October 20, 2022, p. 15. Since November 2020, the Subject Child resided in youth shelters and has had no contact of any kind with Respondent Mother. See Transcript, October 20, 2022, pp. 19-20.

Respondent Mother also testified about the circumstances surrounding the Subject Child vacating the apartment. Respondent Mother stated that the Subject Child stopped speaking to her completely after she opened a piece of her mail. See Transcript, January 4, 2023, p. 47. Respondent Mother stated that she informed the shelter's management that she and the Subject Child were not getting along, and shelter management scheduled a meeting between the parties and a shelter representative. See Transcript, January 4, 2023, pp. 48-49. During the meeting, the Subject Child "refused to apologize" to Respondent Mother for not speaking to her. See Transcript, January 4, 2023, p. 51. Respondent Mother alleged that the Subject Child was eventually removed from the apartment by shelter management because the Subject Child refused to apologize to her. See Transcript, January 4, 2023, pp. 51-54. The Subject Child and Respondent Mother had a verbal altercation on the day the Subject Child vacated the apartment. See Transcript, January 4, 2023, p. 55. The Subject Child allegedly stated to Respondent Mother, "you're going to throw me out, you're wicked," to which Respondent Mother replied, "it was your choice, you refused to apologize, so this is your calling not me." See Id. The Subject Child was removed from the apartment by shelter management immediately following this incident. See Transcript, January 4, 2023, p. 54.

Respondent Mother has not seen the Subject Child, contacted the Subject Child through any medium, or financially supported the Subject Child since 2020. See Transcript, October 20, 2022, p. 33; Transcript, January 4, 2023, p. 58. Respondent Mother testified that at the time of trial, she was in the process of moving and did not have space to accommodate the Subject Child live with her. See Transcript, January 4, 2023, p. 63. Respondent Mother stated that she did not want to provide the Subject Child with her new address. When asked whether she wanted the Subject Child to know her new address, she responded "[w]ell, I don't know where [the Subject Child] lives." See Id. Furthermore, Respondent Mother stated that she changed her telephone number since she last spoke with the Subject Child, as does not know if the Subject Child has her new telephone number. See Transcript, January 4, 2023, p. 65.

The Subject Child does not have a relationship with Respondent Father ^[1] or Stepfather. The Subject Child stated that she does not have a relationship with her Stepfather. See Transcript, October 20, 2022, p. 22-23. The Subject Child further testified that her Stepfather physically disciplined her approximately twice a month using his hands or belt. See Transcript, October 20, 2022, pp. 23-24. Respondent Mother denied these allegations. See Transcript, January 4, 2023, p. 45.

Mr. M and the Subject Child met in either 2018 or 2020 through the Boys and Girls Club, where he assisted her in applying for scholarships to college. See Transcript, October 20, 2022, p. 7; Transcript, January 4, 2023, p. 10. The Subject Child describes Mr. M. as a mentor, and that the two built a relationship that continues to grow even after the Subject Child stopped attending the Boys and Girls Club. See Tr...