Judge Erik Pitchal
Administration for Children’s Services (ACS) filed a Family Court petition against respondent mother, Tawana alleging she neglected her children, who were both remanded to ACS custody. A court found Tawana neglected Kasan, but dismissed Noah’s petition, and he was released to Tawana’s custody after being in paternal grandmother Rasheeda’s continuous custody for nearly 16 months. Rasheeda was granted weekly unsupervised visits with Noah, and she filed a petition for custody of Noah. Tawana moved for summary judgment, while Rasheeda sought to amend her petition. Rasheeda asserted facts which she contended amounted to “extraordinary circumstances,” claiming an extended disruption of custody. The court noted while Noah was cared for by Rasheeda during a critical developmental stage of his life, same was involuntary by Tawana as she did not consent to his removal from her home and contested the order. It stated a period of separation where a parent attempted to regain custody lawfully was entitled to little consideration in deciding if the period amounted to extraordinary circumstances. As there were no sufficient allegations to show extraordinary circumstances, Rasheeda’s petition was denied and dismissed.
