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MATTER OF MARIA D. v. MILAGROS H.

303 A.D.2d 188 (2003)

755 N.Y.S.2d 245

In the Matter of KAY MARIA D., Appellant, v. MILAGROS H., Respondent, et al., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 6, 2003.

Appellant mother's presumptive entitlement to the custody of her children was overcome in this case by a showing of extraordinary circumstances, including her very serious, entrenched and persisting psychiatric and cognitive difficulties and limitations, her lack of an established household, and her four-year separation from the children (see Matter of Bennett v Jeffreys, 40 N.Y.2d 543 [1976]). In view of these extraordinary circumstances...

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