MATTER OF JC v. CT

JOAN O. COONEY, J. Petitioner, J. C., filed a petition seeking visitation with the upon that person as a "parent." Without these elements, there would be no basis for invoking the doctrine of equitable estoppel, even within the traditional framework (see, e.g., Matter of Delcore v Mansi, 262 AD2d 559, 559-560). The use of such a test is an appropriate way to balance the competing interests of the parties, as well as the interests of the children in maintaining contact with persons who are, at least to them, parents. Application of the equitable estoppel argument to such cases, however, requires the use of a bifurcated analysis, similar to that employed within the context of grandparent visitation under Domestic Relations Law § 72 (see, e.g., Matter of Richard YY. v Sue ZZ., 249 AD2d 885). In order to establish standing, the petitioner must demonstrate an actual and substantial parent-child relationship under the test articulated above. If the petitioner establishes the existence of such a relationship and there is a basis for equitable intervention, then the court must determine whether visitation with the petitioner is in the best interests of the children. In this matter, the Law Guardian alleges in a brief submitted in support of the petition that the children are bonded to petitioner as a parent. However, the court cannot satisfactorily determine whether petitioner should be allowed to invoke the equitable estoppel doctrine based solely upon the unsworn allegations of the Law Guardian or the affidavits submitted by the parties on the issue of standing. Accordingly, respondent's motion to dismiss the petition is denied and the matter is scheduled for a hearing, to determine whether the petitioner has a real and substantial parental relationship with the children at issue.