I am very sorry to hear this;
NY would be the court with jurisdiction under the UCCJEA- the uniform federal Act that regulates jurisdiction of child custody matters- basically the child's home state has jursidiction.
In NY, third party custody is permitted, by court order, when there are exigent circumstances.
Bennett v. Jeffereys is the pivotal NY case re: third party custody rights; a parent may not be deprived of custody to a non parent "absent surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances." If these circumstances are found, then the court is allowed to consider granting custody to the third party provided that is determined to be in the child's best interest. But "[a]bsent extraordinary circumstances, narrowly categorized, it is not within the power of a court, or, by delegation of the Legislature or court, a social agency, to make significant decisions concerning the custody of children, merely because it could make a better decision or disposition."
So the court does have authority to allow for grandparent custody, and will do so if the circumstances so warrant.
This type of litigation tends to be the most difficult, from an emotional and legal perspective, so one would want to retain an experienced family law attorney.
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