Pro Bono Partner Proskauer Achieves Favorable Outcome in Guardianship Case
Why placement is critical for children’s well-being
The New York Appellate Division’s recent ruling affirmed a powerful truth: every child deserves safety, stability, and care. In siding with our client, K, represented by CLC’s Pro Bono partner Proskauer Rose LLP, the court helped ensure she can continue to grow up safe, supported, and loved.
The case involved a guardianship dispute between K’s mother and paternal aunt, who has cared for K for many years. K’s father sadly passed awayin 2021. The father had full custody at the time. K’s mother, who had struggled for years with alcohol misuse and instability, had not been actively involved in her child’s care for nearly a decade. Multiple court orders had previously limited her visitation to supervised contact until she could complete a substance-abuse program, something she never did. It had become apparent that the paternal aunt was a better fit for care in a multitude of ways. K’s aunt had provided a stable, nurturing home, ensuring K’s schooling, healthcare, and emotional needs were met. Meanwhile, the mother’s involvement was sporadic and at times unsafe, including late-night, intoxicated phone calls that frightened K. After reviewing extensive testimony and evidence, both the Family Court and the Appellate Division agreed that remaining with the Aunt was in K’s best interests.
Court rules in favor of aunt
The appellate court found that there were extraordinary circumstances, including the mother’s limited involvement and the aunt’s consistent caregiving, that supported awarding guardianship to the aunt. The court also noted that K has developed a strong, healthy bond with the aunt and is thriving under her care.
This victory embodies the heart of our mission, ensuring that every child we represent can grow up safe, supported, and seen. For K, it means more than guardianship; it means security, love, and a lasting sense of home. The court’s decision reinforces what our partnerships make possible: real change, real protection, and real futures for the children who need it most.
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