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Grandparents of a child residing in New York state may obtain custody rights if they can demonstrate the existence of extraordinary circumstances.
An extraordinary circumstance is an extended disruption of custody of at least 24 continuous months during which the parent voluntarily relinquished the child to the care of the grandparents and the child resided in the household of the grandparents.
However, the court may find that extraordinary circumstances exist where the separation is less than 24 months, based upon other circumstances. Your situation may qualify as such as extraordinary situation.
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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE