The following excerpt is from Janet S.M.M. v. Commissioner of Social Services, 158 Misc.2d 851, 601 N.Y.S.2d 781 (N.Y. Fam. Ct. 1993):
In Humphrey v. Humphrey, 103 Misc.2d 175, 425 N.Y.S.2d 759, the court held that paternal grandparents had standing to file a petition against the mother for custody under FCA section 651(b) when the natural father was deceased. The court noted that the grandparents had continually lived with and cared for the child for approximately two years prior to the commencement of the proceeding and had frequently cared for him since infancy, even before living with him.
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