What “Extraordinary Circumstances” Mean for Grandparent Custody in Suffolk County

Grandparent custody cases are some of the most emotional and complicated matters that come through Suffolk County Family Court. They often involve addiction, CPS intervention, or Neglect Matters. However, New York law starts with a firm principle: parents have the superior right to custody.

Before a judge will even consider the “best interests of the child,” grandparents must clear a massive legal hurdle called extraordinary circumstances. Without proving this, the court will not even consider giving a grandparent custody. This threshold exists to protect parental rights and must be met with hard evidence, not just emotion.

Why Grandparent Custody Cases in Suffolk County Demand Experience

Custody cases in Suffolk County often extend over many months with numerous court appearances. It is a reality that cases are frequently extended over a significant period. Under the traditional hourly rate model, you often pay an attorney to wait in the hallway for your case to be called—an expense I find unfair.

"I have worked my whole life and paid my own way, so I truly understand the concern about how much legal services cost," says Steven Zalewski. "I want my clients to be confident in their representation and not worry about being unable to finish their case because they can no longer afford it."

Transparent Flat-Fee Structure for Family Court

To provide you with clarity and financial control, I offer a transparent flat-fee structure for all Suffolk County Family Court matters:

1. The Pre-Trial Fee: One set fee that covers all proceedings, filings, and court appearances prior to trial, regardless of the number of court dates.
2. The Trial Fee: One set fee for the trial itself, which is due 30 days before the scheduled trial start date.

This model ensures you can focus on the child's safety, not the ticking clock. For those who need flexibility, payment plan systems are available. My goal is to get you to court and get results.

Defining Extraordinary Circumstances in New York

In Suffolk County, judges look for specific, documented factors to grant standing to a grandparent:

• Extended Disruption of Custody: When a child has lived with grandparents for a significant period (often 24 months).
• Parental Unfitness: Ongoing substance abuse, severe mental health instability, or domestic violence.
• Neglect or Abuse: Evidence of persistent failure to meet the child’s needs, often involving Neglect Matters and Article 10 proceedings.
• Abandonment: When a parent fails to visit or support the child for a long duration.

Establishing Standing: The Threshold Test

The court will not move forward unless you provide clear, credible evidence. In Suffolk County, judges look for:

• School records showing grandparents as the primary contact.
• Medical or counseling records documenting your involvement.
• CPS or police reports linked to the parents' instability.

Once extraordinary circumstances are proven, the case shifts to the "Best Interests of the Child" test, where the court evaluates the emotional bond and the stability of the grandparents' home.

Clarity. Confidence. Control.

Extraordinary circumstances are a high bar, but when a child is unsafe or effectively being raised by their grandparents, the law provides a path. You need an attorney who understands how Suffolk County judges evaluate these cases and who provides a fair, predictable cost structure. With a flat-fee model and an advocate who understands the value of a dollar, you can act fast to protect your grandchild’s future.

Contact Steven Zalewski, Esq. — Suffolk County Family Court Attorney

📞 Office: (516) 377-7830

📱 Cell (Fastest): (516) 660-4654

📧 Email: steve@zandzfamilylawyers.com

🏛 Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749

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