parent claim in New York

2022"A parent has a claim of custody to his or her child that is superior to all other persons, unless a nonparent establishes that there has been surrender, [*2]abandonment, persistent neglect, unfitness, an extended disruption of custody or 'other like extraordinary circumstances'" ( Matter of Donna SS. v Amy TT. , 149 AD3d 1211 , 1212 [3d Dept 2017] [citation omitted], quoting Matter of Bennett v Jeffreys , 40 NY2d 543, 544 [1976]; accord Matter of Jared MM. v Mark KK. , 205 AD3d 1084 , 1086-1087 [3d Dept 2022]).

2022Following a fact-finding hearing on all three petitions, the court concluded, as relevant here, that it was in the child's best interests to award the grandfather sole custody and to terminate the father's parenting time. [FN3] The father appeals. "'A parent has a claim of custody to his or her child that is superior to all other persons, unless a nonparent establishes that there has been surrender, abandonment, persistent neglect, unfitness, an extended disruption of custody or "other like extraordinary circumstances"'" ( Matter of Donna SS. v Amy TT. , 149 AD3d 1211 , 1212 [2017], quoting Ma

2018"It is well settled that a parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption of custody over an extended period of time or other extraordinary circumstances" ( Matter of Battisti v Battisti , 121 AD3d 1196, 1196-1197 [2014] [internal quotation marks and citations omitted]; accord Matter of Mildred PP. v Samantha QQ. , 110 AD3d 1160, 1161 [2013]).

2015Under settled law, “a parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption of custody over an extended period of time or other extraordinary circumstances” (Matter of Curless v McLarney, 125 AD3d 1193, 1195 [2015] [internal quotation marks and citations omitted]; accord Matter of Battisti v Battisti, 121 AD3d 1196, 1196-1197 [2014]), and the nonparent bears the “heavy burden of establishing extraordinary circumstances to overcome the [parent’s] superior right to custody” (Matter of

2022"A parent has a claim of custody to his or her child that is superior to all other persons, unless a nonparent establishes that there has been surrender, [*2]abandonment, persistent neglect, unfitness, an extended disruption of custody or 'other like extraordinary circumstances'" ( Matter of Donna SS. v Amy TT. , 149 AD3d 1211 , 1212 [3d Dept 2017] [citation omitted], quoting Matter of Bennett v Jeffreys , 40 NY2d 543, 544 [1976]; accord Matter of Jared MM. v Mark KK. , 205 AD3d 1084 , 1086-1087 [3d Dept 2022]).

2022"A parent has a claim of custody to his or her child that is superior to all other persons, unless a nonparent establishes that there has been surrender, abandonment, persistent neglect, unfitness, an extended disruption of custody or other like extraordinary circumstances" ( Matter of Donna SS. v Amy TT. , 149 AD3d 1211, 1212 [2017] [internal quotation marks and citations omitted]; see Matter of William O. v Wanda A. , 151 AD3d at 1191 ).

2019"In a custody dispute between a parent and a nonparent, the parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption of custody over an extended period of time or other extraordinary circumstances" ( Matter of Rumpff v Schorpp , 133 AD3d 1109, 1110 [2015] [internal quotation marks and citations omitted]; see Matter of Liz WW. v Shakeria XX. , 128 AD3d 1118, 1120 [2015], lv dismissed 25 NY3d 1195 [2015]).

2019"In a custody dispute between a parent and a nonparent, the parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption of custody over an extended period of time or other extraordinary circumstances" ( Matter of Rumpff v Schorpp , 133 AD3d 1109, 1110 [2015] [internal quotation marks and citations omitted]; see Matter of Melissa MM. v Melody NN. , 169 AD3d 1280 , 1281 [2019]).

2019"A parent has a claim of custody of his or her child that is superior to that of all others, absent surrender, abandonment, persistent neglect, unfitness, disruption of custody over a prolonged period of time or the existence of other extraordinary circumstances" ( Matter of Karen Q. v Christina R. , 170 AD3d 1446 , 1447 [2019] [internal quotation marks, brackets and citations omitted]; see Matter of Sweeney v Sweeney, 127 AD3d 1259, 1260 [2015]). "[T]he parent in question may be supplanted where he or she engages in gross misconduct or other behavior evincing an utter indifference and irrespo

2017The mother appeals. “ ‘It is well settled that a parent has a claim of custody of his or her child that is superior to that of all others, absent surrender, abandonment, persistent neglect, unfitness, disruption of custody over a prolonged period of time or the existence of other extraordinary circumstances’ ” (Matter of Peters v Dugan, 141 AD3d 751, 752 [2016], quoting Matter of Sweeney v Sweeney, 127 AD3d 1259, 1260 [2015]; see Matter of Bennett v Jeffreys, 40 NY2d 543, 546 [1976]). “ ‘A finding of extraordinary circumstances is rare, and the circumstances must be such that they drastically

2022Following a fact-finding hearing on all three petitions, the court concluded, as relevant here, that it was in the child's best interests to award the grandfather sole custody and to terminate the father's parenting time. [FN3] The father appeals. "'A parent has a claim of custody to his or her child that is superior to all other persons, unless a nonparent establishes that there has been surrender, abandonment, persistent neglect, unfitness, an extended disruption of custody or "other like extraordinary circumstances"'" ( Matter of Donna SS. v Amy TT. , 149 AD3d 1211 , 1212 [2017], quoting Ma

2022Following a fact-finding hearing on all three petitions, the court concluded, as relevant here, that it was in the child's best interests to award the grandfather sole custody and to terminate the father's parenting time. [FN3] The father appeals. "'A parent has a claim of custody to his or her child that is superior to all other persons, unless a nonparent establishes that there has been surrender, abandonment, persistent neglect, unfitness, an extended disruption of custody or "other like extraordinary circumstances"'" ( Matter of Donna SS. v Amy TT. , 149 AD3d 1211 , 1212 [2017], quoting Ma

2021The mother and the father appeal from both the November 2019 and the December 2019 orders. [FN6] The mother and the father both contend that Family Court erred in determining that extraordinary circumstances had been established. [FN7] It is axiomatic "that a parent has a claim of custody of his or her child[ren] that is superior to that of all others, absent surrender, abandonment, persistent neglect, unfitness, disruption of custody over a prolonged period of time or the existence of other extraordinary circumstances" ( Matter of Nicole L. v David M. , 195 AD3d 1058, 1059-1060 [2021] [intern

2018"Under settled law, a parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption [*2]of custody over an extended period of time or other extraordinary circumstances, and the nonparent bears the heavy burden of establishing extraordinary circumstances to overcome the [parent's] superior right to custody" ( Matter of Liz WW. v Shakeria XX. , 128 AD3d 1118, 1120 [2015] [internal quotation marks and citations omitted], lv dismissed 25 NY3d 1195 [2015]; see Matter of Suarez v Williams , 26 NY

2019"A parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, disruption of custody over an extended period of time or other extraordinary circumstances" ( Matter of Brown v Comer , 136 AD3d 1173, 1174 [2016] [internal quotation marks, brackets and citations omitted]; see Matter of Curless v McLarney , 125 AD3d 1193, 1195 [2015]).

2015Under settled law, “a parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption of custody over an extended period of time or other extraordinary circumstances” (Matter of Curless v McLarney, 125 AD3d 1193, 1195 [2015] [internal quotation marks and citations omitted]; accord Matter of Battisti v Battisti, 121 AD3d 1196, 1196-1197 [2014]), and the nonparent bears the “heavy burden of establishing extraordinary circumstances to overcome the [parent’s] superior right to custody” (Matter of

2016Here, since no finding of extraordinary circumstances had previously been made, the grandmother bore “the heavy burden of first establishing the existence of extraordinary circumstances to overcome the . . . parents’ superior right of custody” (Matter of Aida B. v Alfredo C., 114 AD3d 1046, 1048 [2014]; see Matter of Rumpff v Schorpp, 133 AD3d 1109, 1110 [2015]).

2015“The pertinent factors to be considered in determining whether extraordinary circumstances exist include the length of time the child has lived with the nonparent, the quality of that relationship and the length of time the . . . parent allowed such custody to continue without trying to assume the primary parental role” (Matter of Curless v McLarney, 125 AD3d at6 1195 [internal quotation marks and citations omitted]; accord Matter of Aida B. v Alfredo C., 114 AD3d 1046, 1048 [2014]), as well as “the child’s psychological bonding and attachments, the prior disruption of the parent’s custody, se

2025"A parent has a claim of custody to his or her child that is superior to all other persons, unless a nonparent establishes that there has been surrender, abandonment, persistent neglect, unfitness, an extended disruption of custody or other like extraordinary circumstances" ( Matter of Jared MM. v Mark KK. , 205 AD3d 1084 , 1086-1087 [3d Dept 2022] [internal quotation marks and citations omitted]; see Matter of Candy II. v Kandice HH. ,___AD3d ___, ___ 2025 NY Slip Op 01411, *2 [3d Dept 2025]; Matter of Michael P. v Joyce Q. , 191 AD3d 1199, 1200 [3d Dept 2021], lv denied 37 NY3d 901 [2021]).

2022Following a fact-finding hearing on all three petitions, the court concluded, as relevant here, that it was in the child's best interests to award the grandfather sole custody and to terminate the father's parenting time. [FN3] The father appeals. "'A parent has a claim of custody to his or her child that is superior to all other persons, unless a nonparent establishes that there has been surrender, abandonment, persistent neglect, unfitness, an extended disruption of custody or "other like extraordinary circumstances"'" ( Matter of Donna SS. v Amy TT. , 149 AD3d 1211 , 1212 [2017], quoting Ma

2019"Examples of behaviors that may, in the aggregate, rise to the level of extraordinary circumstances include allowing the child[] to live in squalor, failing to address . . . mental health issues, instability in the parent's housing or employment situation, the questionable use of corporal punishment as a means of discipline and other similar behaviors that reflect the parent's 'overall pattern of placing [his or] her own interests and personal relationships ahead of [the] child[]'" ( Matter of Renee TT. v Britney UU. , 133 AD3d 1101 , 1103 [2015], quoting Matter of Darrow v Darrow , 106 AD3d 1

2019"A parent has a claim of custody of his or her child that is superior to that of all others, absent surrender, abandonment, persistent neglect, unfitness, disruption of custody over a prolonged period of time or the existence of other extraordinary circumstances" ( Matter of Karen Q. v Christina R. , 170 AD3d 1446 , 1447 [2019] [internal quotation marks, brackets and citations omitted]; see Matter of Sweeney v Sweeney, 127 AD3d 1259, 1260 [2015]). "[T]he parent in question may be supplanted where he or she engages in gross misconduct or other behavior evincing an utter indifference and irrespo

2017A nonparent bears the heavy burden of establishing that there are extraordinary circumstances and, thus, that he or she has standing to seek custody of another person’s child (see Matter of Brown v Comer, 136 AD3d 1173, 1174 [2016]; Matter of Lina Y. v Audra Z., 132 AD3d 1086, 1087 [2015]; Matter of Roth v Messina, 116 AD3d 1257, 1258 [2014]).

2016It is well settled that, in the absence of extraordinary circumstances such as surrender, abandonment, persistent neglect, unfitness or an extended period of custody disruption, a parent has a claim of custody to his or her child superior to all others (see Matter of Lina Y. v Audra Z., 132 AD3d 1086, 1086 [2015]; Matter of Ferguson v Skelly, 80 AD3d 903, 904 [2011], lv denied 16 NY3d 710 [2011]).

2015Under settled law, “a parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption of custody over an extended period of time or other extraordinary circumstances” (Matter of Curless v McLarney, 125 AD3d 1193, 1195 [2015] [internal quotation marks and citations omitted]; accord Matter of Battisti v Battisti, 121 AD3d 1196, 1196-1197 [2014]), and the nonparent bears the “heavy burden of establishing extraordinary circumstances to overcome the [parent’s] superior right to custody” (Matter of

2015Under settled law, “a parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption of custody over an extended period of time or other extraordinary circumstances” (Matter of Curless v McLarney, 125 AD3d 1193, 1195 [2015] [internal quotation marks and citations omitted]; accord Matter of Battisti v Battisti, 121 AD3d 1196, 1196-1197 [2014]), and the nonparent bears the “heavy burden of establishing extraordinary circumstances to overcome the [parent’s] superior right to custody” (Matter of

2019"A parent has a claim of custody of his or her child that is superior to that of all others, absent surrender, abandonment, persistent neglect, unfitness, disruption of custody over a prolonged period of time or the existence of other extraordinary circumstances" ( Matter of Karen Q. v Christina R. , 170 AD3d 1446 , 1447 [2019] [internal quotation marks, brackets and citations omitted]; see Matter of Sweeney v Sweeney, 127 AD3d 1259, 1260 [2015]). "[T]he parent in question may be supplanted where he or she engages in gross misconduct or other behavior evincing an utter indifference and irrespo

2016“It is well settled that a parent has a claim of custody of his or her child that is superior to that of all others, absent surrender, abandonment, persistent neglect, unfitness, disruption of custody over a prolonged period of time or the existence of other extraordinary circumstances” (Matter of Sweeney v Sweeney, 127 AD3d 1259, 1260 [2015] [citations omitted]; see Matter of Renee TT. v Britney UU., 133 AD3d 1101, 1102 [2015]).

2019"A parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, disruption of custody over an extended period of time or other extraordinary circumstances" ( Matter of Brown v Comer , 136 AD3d 1173, 1174 [2016] [internal quotation marks, brackets and citations omitted]; see Matter of Curless v McLarney , 125 AD3d 1193, 1195 [2015]).

2019"The extraordinary circumstances analysis must consider the cumulative effect of all issues present in a given case, including, among others, the length of time the child has lived with the nonparent, the quality of that relationship and the length of time the parent allowed such custody to continue without trying to assume the primary parental role" ( Matter of Brown v Comer , 136 AD3d at 1174 [internal quotation marks, ellipsis and citations omitted]).

2019"In a custody dispute between a parent and a nonparent, the parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption of custody over an extended period of time or other extraordinary circumstances" ( Matter of Rumpff v Schorpp , 133 AD3d 1109, 1110 [2015] [internal quotation marks and citations omitted]; see Matter of Liz WW. v Shakeria XX. , 128 AD3d 1118, 1120 [2015], lv dismissed 25 NY3d 1195 [2015]).

2018"Under settled law, a parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption [*2]of custody over an extended period of time or other extraordinary circumstances, and the nonparent bears the heavy burden of establishing extraordinary circumstances to overcome the [parent's] superior right to custody" ( Matter of Liz WW. v Shakeria XX. , 128 AD3d 1118, 1120 [2015] [internal quotation marks and citations omitted], lv dismissed 25 NY3d 1195 [2015]; see Matter of Suarez v Williams , 26 NY

2016It is well settled that, in the absence of extraordinary circumstances such as surrender, abandonment, persistent neglect, unfitness or an extended period of custody disruption, a parent has a claim of custody to his or her child superior to all others (see Matter of Lina Y. v Audra Z., 132 AD3d 1086, 1086 [2015]; Matter of Ferguson v Skelly, 80 AD3d 903, 904 [2011], lv denied 16 NY3d 710 [2011]).

2015It is well settled that a parent has a claim of custody of his or her child that is superior to that of all others, absent surrender, abandonment, persistent neglect, unfitness, disruption of custody over a prolonged period of time or the existence of other extraordinary circumstances (see Matter of Battisti v Battisti, 121 AD3d 1196, 1196-1197 [2014]; Matter of Marcus CC. v Erica BB., 107 AD3d 1243, 1244 [2013], appeal dismissed 22 NY3d 911 [2013]; Matter of Ferguson v Skelly, 80 AD3d 903, 904 [2011], lv denied 16 NY3d 710 [2011]).

2016The burden of proving extraordinary circumstances rests with the nonparent (see Matter of Battisti v Battisti, 121 AD3d 1196, 1197 [2014]) — here, the aunt — and examples of such extraordinary circumstances include, among other things, “failing to address serious substance abuse or mental health issues” (Matter of Renee TT. v Britney UU., 133 AD3d at 1103 ) or failing “either to maintain substantial, repeated and continuous contact with the child or to plan for the child’s future” (Matter of Rodriguez v Delacruz-Swan, 100 AD3d 1286, 1288 [2012] [internal quotation marks, brackets and citation

2015That said, the parent in question “may be supplanted where he or she engages in gross misconduct or other behavior evincing an utter indifference and irresponsibility relative to the parental role” (Matter of Darrow v Darrow, 106 AD3d 1388, 1391-1392 [2013] [internal quotation marks and citations omitted]; accord Matter of Rodriguez v Delacruz-Swan, 100 AD3d 1286, 1288 [2012]).

2015The mother now appeals from Family Court’s February 2013 and November 2013 orders. 2 “It is well settled that a parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption of custody over an extended period of time or other extraordinary circumstances” (Matter of Yandon v Boisvert, 130 AD3d 1257, 1258 [2015] [internal quotation marks and citations omitted]; see Matter of Sweeney v Sweeney, 127 AD3d 1259, 1260 [2015]).

2015The mother now appeals from Family Court’s February 2013 and November 2013 orders. 2 “It is well settled that a parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption of custody over an extended period of time or other extraordinary circumstances” (Matter of Yandon v Boisvert, 130 AD3d 1257, 1258 [2015] [internal quotation marks and citations omitted]; see Matter of Sweeney v Sweeney, 127 AD3d 1259, 1260 [2015]).

2025Indeed, "a parent has a claim of custody of his or her child that is superior to that of all others, absent surrender, abandonment, persistent neglect, unfitness, disruption of custody over a prolonged period of time or the existence of other extraordinary circumstances" ( Matter of Nicole L. v David M. , 195 AD3d 1058, 1059-1060 [3d Dept 2021] [internal quotation marks, brackets and citations omitted]; see Matter of Autumn B. v Jasmine A. , 220 AD3d 1073 , 1074 [3d Dept 2023], lv denied 41 NY3d 901 [2024]).

2021The mother and the father appeal from both the November 2019 and the December 2019 orders. [FN6] The mother and the father both contend that Family Court erred in determining that extraordinary circumstances had been established. [FN7] It is axiomatic "that a parent has a claim of custody of his or her child[ren] that is superior to that of all others, absent surrender, abandonment, persistent neglect, unfitness, disruption of custody over a prolonged period of time or the existence of other extraordinary circumstances" ( Matter of Nicole L. v David M. , 195 AD3d 1058, 1059-1060 [2021] [intern

2022If the nonparent satisfies that heavy burden, the question then turns to what custodial arrangement will further the child's best interests, and relevant factors in that analysis include "maintaining stability in the child's life, the quality of the respective home environments, the length of time the present custody arrangement has been in place and each party's past performance, relative [*3]fitness and ability to provide for and guide the child's intellectual and emotional development" ( Matter of Sweeney v Daub-Stearns , 166 AD3d 1340 , 1342 [2018] [internal quotation marks and citations o

2022If the nonparent satisfies that heavy burden, the question then turns to what custodial arrangement will further the child's best interests, and relevant factors in that analysis include "maintaining stability in the child's life, the quality of the respective home environments, the length of time the present custody arrangement has been in place and each party's past performance, relative [*3]fitness and ability to provide for and guide the child's intellectual and emotional development" ( Matter of Sweeney v Daub-Stearns , 166 AD3d 1340 , 1342 [2018] [internal quotation marks and citations o

2022"A parent has a claim of custody to his or her child that is superior to all other persons, unless a nonparent establishes that there has been surrender, abandonment, persistent neglect, unfitness, an extended disruption of custody or other like extraordinary circumstances" ( Matter of Donna SS. v Amy TT. , 149 AD3d 1211, 1212 [2017] [internal quotation marks and citations omitted]; see Matter of William O. v Wanda A. , 151 AD3d at 1191 ).

2019"A parent has a claim of custody to his or her child[] that is superior to all other persons, unless a nonparent establishes that there has been surrender, abandonment, persistent neglect, unfitness, an extended disruption of custody or other . . . extraordinary circumstances" [*2]( Matter of William O. v Wanda A. , 151 AD3d 1189, 1191 [2017], lv denied 30 NY3d 902 [2017] [internal quotation marks, brackets and citations omitted]; see Matter of Marcia ZZ. v April A. , 151 AD3d 1303, 1304 [2017]).

2022Following a fact-finding hearing on all three petitions, the court concluded, as relevant here, that it was in the child's best interests to award the grandfather sole custody and to terminate the father's parenting time. [FN3] The father appeals. "'A parent has a claim of custody to his or her child that is superior to all other persons, unless a nonparent establishes that there has been surrender, abandonment, persistent neglect, unfitness, an extended disruption of custody or "other like extraordinary circumstances"'" ( Matter of Donna SS. v Amy TT. , 149 AD3d 1211 , 1212 [2017], quoting Ma

2022Following a fact-finding hearing on all three petitions, the court concluded, as relevant here, that it was in the child's best interests to award the grandfather sole custody and to terminate the father's parenting time. [FN3] The father appeals. "'A parent has a claim of custody to his or her child that is superior to all other persons, unless a nonparent establishes that there has been surrender, abandonment, persistent neglect, unfitness, an extended disruption of custody or "other like extraordinary circumstances"'" ( Matter of Donna SS. v Amy TT. , 149 AD3d 1211 , 1212 [2017], quoting Ma

2020"A parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, disruption of custody over an extended period of time or other extraordinary circumstances" ( Matter of Shanna O. v James P. , 176 AD3d 1334 , 1336 [2019] [internal quotation marks and citations omitted]; accord Matter of Thompson v Bray , 148 AD3d 1364, 1365 [2017]).

2017The mother appeals. “ ‘It is well settled that a parent has a claim of custody of his or her child that is superior to that of all others, absent surrender, abandonment, persistent neglect, unfitness, disruption of custody over a prolonged period of time or the existence of other extraordinary circumstances’ ” (Matter of Peters v Dugan, 141 AD3d 751, 752 [2016], quoting Matter of Sweeney v Sweeney, 127 AD3d 1259, 1260 [2015]; see Matter of Bennett v Jeffreys, 40 NY2d 543, 546 [1976]). “ ‘A finding of extraordinary circumstances is rare, and the circumstances must be such that they drastically

2019If the nonparent meets the burden of establishing extraordinary circumstances to overcome the parent's superior rights, the court will then address the child's best interests ( see Matter of Nevaeh MM. [Sheri MM.—Charles MM.] , 158 AD3d 1001 , 1002-1003 [2018]; Matter of Rumpff v Schorpp , 133 AD3d at 1110 ; Matter of Liz WW. v Shakeria XX. , 128 AD3d at 1120 ; Matter of Melody J. v Clinton County Dept. of Social Servs. , 72 AD3d 1359, 1360 [2010], lv denied 15 NY3d 703 [2010]).

2015“The burden of proving such extraordinary circumstances rests with the nonparent seeking custody and, if established, the controlling consideration in determining custody is the best interests of the child” (Matter of Melody J. v Clinton County Dept. of Social Servs., 72 AD3d 1359, 1360 [2010], lv denied 15 NY3d 703 [2010] [citations omitted]; see Matter of Daphne OO. v Frederick QQ., 88 AD3d 1167, 1168 [2011]).

2019"A parent has a claim of custody to his or her child[] that is superior to all other persons, unless a nonparent establishes that there has been surrender, abandonment, persistent neglect, unfitness, an extended disruption of custody or other . . . extraordinary circumstances" [*2]( Matter of William O. v Wanda A. , 151 AD3d 1189, 1191 [2017], lv denied 30 NY3d 902 [2017] [internal quotation marks, brackets and citations omitted]; see Matter of Marcia ZZ. v April A. , 151 AD3d 1303, 1304 [2017]).

2019It is the nonparent's "heavy burden" to establish the existence of extraordinary circumstances ( Matter of Donna SS. v Amy TT. , 149 AD3d 1211, 1212 [2017]), a determination that must be based upon "the cumulative effect of all issues present in a given case, including, among others, the length of time the child has lived with the nonparent, the quality of that relationship and the length of time the parent allowed such custody to continue without trying to assume the primary parental role" ( Matter of Marcia ZZ. v April A. , 151 AD3d 1303, 1304 [2017] [internal quotation marks and citations o

2018A nonparent seeking custody of a child bears the burden to establish extraordinary circumstances ( see Domestic Relations Law § 72 [2]; Matter of Mildred PP. v Samantha QQ. , 110 AD3d at 1161 ; Matter of Ramos v Ramos , 75 AD3d 1008, 1010 [2010]).

2017The mother appeals. “ ‘It is well settled that a parent has a claim of custody of his or her child that is superior to that of all others, absent surrender, abandonment, persistent neglect, unfitness, disruption of custody over a prolonged period of time or the existence of other extraordinary circumstances’ ” (Matter of Peters v Dugan, 141 AD3d 751, 752 [2016], quoting Matter of Sweeney v Sweeney, 127 AD3d 1259, 1260 [2015]; see Matter of Bennett v Jeffreys, 40 NY2d 543, 546 [1976]). “ ‘A finding of extraordinary circumstances is rare, and the circumstances must be such that they drastically

2018"The nonparent bears the burden of demonstrating the existence of such extraordinary circumstances, which may include proof that the parent has neglected to maintain substantial, repeated and continuous contact with the child[ ] or make plans for [his or her] future" ( Matter of Sweeney v Sweeney , 127 AD3d 1259, 1260 [2015] [internal quotation marks and citations omitted]; see Matter of Carpenter v Puglese , 94 AD3d 1367, 1368 [2012]).

2015The nonparent bears the burden of demonstrating the existence of such extraordinary circumstances (see Matter of Aylward v Bailey, 91 AD3d 1135, 1136 [2012]), which may include proof that the parent has neglected “to maintain substantial, repeated and continuous contact with” the children or make plans for their future (Matter of Mildred PP. v Samantha QQ., 110 AD3d 1160, 1161 [2013] [internal quotation marks and citation omitted]; accord Matter of Carpenter v Puglese, 94 AD3d 1367, 1368 [2012]; Matter of Ferguson v Skelly, 80 AD3d at 905 ).

2018"It is well settled that a parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption of custody over an extended period of time or other extraordinary circumstances" ( Matter of Battisti v Battisti , 121 AD3d 1196, 1196-1197 [2014] [internal quotation marks and citations omitted]; accord Matter of Mildred PP. v Samantha QQ. , 110 AD3d 1160, 1161 [2013]).

2018A nonparent seeking custody of a child bears the burden to establish extraordinary circumstances ( see Domestic Relations Law § 72 [2]; Matter of Mildred PP. v Samantha QQ. , 110 AD3d at 1161 ; Matter of Ramos v Ramos , 75 AD3d 1008, 1010 [2010]).

2019"In a custody dispute between a parent and a nonparent, the parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption of custody over an extended period of time or other extraordinary circumstances" ( Matter of Rumpff v Schorpp , 133 AD3d 1109, 1110 [2015] [internal quotation marks and citations omitted]; see Matter of Liz WW. v Shakeria XX. , 128 AD3d 1118, 1120 [2015], lv dismissed 25 NY3d 1195 [2015]).

2018"Under settled law, a parent has a claim of custody of his or her child, superior to that of all others, in the absence of surrender, abandonment, persistent neglect, unfitness, disruption [*2]of custody over an extended period of time or other extraordinary circumstances, and the nonparent bears the heavy burden of establishing extraordinary circumstances to overcome the [parent's] superior right to custody" ( Matter of Liz WW. v Shakeria XX. , 128 AD3d 1118, 1120 [2015] [internal quotation marks and citations omitted], lv dismissed 25 NY3d 1195 [2015]; see Matter of Suarez v Williams , 26 NY