73 A.D.3d 406 (2010)

899 N.Y.S.2d 606

In the Matter of GENEVA B., Appellant, v. ADMINISTRATION FOR CHILDREN'S SERVICES et al., Respondents.

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

Decided May 4, 2010.

A grandparent has no preemptive statutory or constitutional right to custody surpassing that of persons who might be selected by the agency as suitable adoptive parents (see Matter of Luz Maria V., 23 A.D.3d 192, 194 [2005], lv denied 6 N.Y.3d 710 [2006]; Matter of Peter L., 59 N.Y.2d 513, 520 [1983]).

Here, the children have lived with the nonkinship foster mother for 8 of their 11 years. By all accounts, they are happy, loved and thriving in that home. The foster mother has indicated a willingness to permit the children to maintain contact with their biological family. It is not in the best interests of the children to disrupt their lives after so many years. A grandparent's custody petition may be dismissed where the children have been in the same foster home for many years, the home is appropriate, the children have bonded with the foster parent and wish to remain (see Matter of Amber B., 50 A.D.3d 1028, 1029 [2008]).


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