Matter of Sanchez v Bonilla

Matter of Sanchez v Bonilla 2014 NY Slip Op 01761 Decided on March 19, 2014 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 19, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
JOHN M. LEVENTHAL
COLLEEN D. DUFFY, JJ.
2013-08595
(Docket Nos. V-6587-13, V-6588-13)

[*1]In the Matter of Cecilia Maribel Pineda Sanchez, appellant,

v

Jose Santos Hernandez Bonilla, respondent.




Bruno Joseph Bembi, Hempstead, N.Y., for appellant.


DECISION & ORDER

In a child custody proceeding pursuant to Family Court Act article 6, the petitioner appeals from an order of the Family Court, Nassau County (Stack, J.H.O.), dated August 14, 2013, which, without a hearing, dismissed the custody petition.

ORDERED that the order is reversed, on the law, without costs or disbursements, the custody petition is reinstated, and the matter is remitted to the Family Court, Nassau County, for a hearing and new determination of the petition thereafter.

The Family Court erred in dismissing the petition in which the mother sought orders of custody for her two teenaged children. A natural parent has standing to seek legal custody of his or her child (see Domestic Relations Law § 70[a]; Family Ct Act § 511; Debra H. v Janice R., 14 NY3d 576, cert denied ____ US ____, 131 S Ct 908; Matter of Marcelina M.-G. v Israel S., 112 AD3d 100; T.V. v New York State Dept. of Health, 88 AD3d 290, 301). According to the petitioner, the children's father has abandoned the children and, due to their immigration status, they could be returned to El Salvador where they have been subjected to abuse by family members and threats by gang members. The petitioner has alleged that awarding her custody would be in the best interests of the children, since it would enable the children to apply for special immigrant juvenile status (see Matter of Maria G.G.U. v Pedro H.P., 114 AD3d 691; Matter of Marisol N.H., _____ AD3d _____, 2014 NY Slip Op 00664 [2d Dept 2014]; Matter of Maura A.R.-R. [Santos F.R.], 114 AD3d 687).

Accordingly, since the Family Court dismissed the subject petition without conducting a hearing or considering the best interests of the children, we remit the matter to the Family Court, Nassau County, for a hearing and a new determination of the custody petition thereafter (see Matter of Maria E.S.G. v Jose C.G.L., 114 AD3d 667; Matter of Francisco M.-G. v Marcelina M.-G., 100 AD3d 900; Matter of Ashley W. [Verdele F.], 85 AD3d 807, 809).
MASTRO, J.P., DILLON, LEVENTHAL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court