A custody petition brought by the adult half sister of a child was properly dismissed where the child had been freed for adoption and the child’s guardianship had been granted to foster parents, a state appeals court has ruled.

In reaching the decision, an Appellate Division, First Department panel ruled that the half sister’s “recourse” had been “to seek adoption, not custody of the child,” and near the opinion’s end, the panel noted that the adult half sister’s “kinship tie with the child” did not “afford her greater standing than the child’s foster parents.”

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