Extraordinary Circumstances Example for Deprivation of Child Custody
In Bennett v. Jeffreys, 40 NY2d 543, 356 N.E.2d 277, 387 N.Y.S.2d 821 (1976), the Court held that a "state may not deprive a parent of custody of a child, absent surrender, abandonment, persistent neglect, unfitness or other like extraordinary circumstances; if any such extraordinary circumstances are present, disposition of custody is then influenced or controlled by what is in the best interest of the child".
The Court opined that the prolonged separation of the mother from a child, combined with mother's lack of established household of her own, unwed state, and attachment of the child to her custodian constituted extraordinary circumstances.
In the Matter of Johnson v. Streich-McConnell, 66 AD3d 1526, 886 N.Y.S.2d 539 (4th Dept, 2009), the Court held that Mother's medical records established that she had a history of mental health issues which she failed to address adequately.
Consequently, extraordinary circumstances were established.