§ 1089-a. Custody or guardianship with a parent or parents, a relative\nor relatives or a suitable person or persons pursuant to article six of\nthis act or guardianship of a relative or relatives or a suitable person\nor persons pursuant to article seventeen of the surrogate's court\nprocedure act. (a) Where the permanency plan is placement with a fit and\nwilling relative or a respondent parent, the court may issue an order of\ncustody or guardianship in response to a petition filed by a respondent\nparent, relative or suitable person seeking custody or guardianship of\nthe child under article six of this act or an order of guardianship of\nthe child under article seventeen of the surrogate's court procedure\nact. A petition for custody or guardianship may be heard jointly with a\npermanency hearing held pursuant to this article. An order of custody or\nguardianship issued in accordance with this subdivision will result in\ntermination of all pending orders issued pursuant to this article or\narticle ten of this act if the following conditions have been met:\n (i) the court finds that granting custody to the respondent parent or\nparents, relative or relatives or suitable person or persons or\nguardianship of the child to the relative or relatives or suitable\nperson or persons is in the best interests of the child and that the\ntermination of the order placing the child pursuant to article ten of\nthis act will not jeopardize the safety of the child. In determining\nwhether the best interests of the child will be promoted by the granting\nof guardianship of the child to a relative who has cared for the child\nas a foster parent, the court shall give due consideration to the\npermanency goal of the child, the relationship between the child and the\nrelative, and whether the relative and the local department of social\nservices have entered into an agreement to provide kinship guardianship\nassistance payments for the child to the relative under title ten of\narticle six of the social services law, and, if so, whether a\nfact-finding hearing pursuant to section one thousand fifty-one of this\nchapter has occurred, and whether compelling reasons exist for\ndetermining that the return home of the child and the adoption of the\nchild are not in the best interests of the child and are, therefore, not\nappropriate permanency options; and\n (ii) the court finds that granting custody to the respondent parent or\nparents, relative or relatives or suitable person or persons or\nguardianship of the child to the relative or relatives or suitable\nperson or persons will provide the child with a safe and permanent home;\nand\n (iii) the parents, the attorney for the child, the local department of\nsocial services, and the foster parent of the child who has been the\nfoster parent for the child for one year or more consent to the issuance\nof an order of custody or guardianship under article six of this act or\nthe granting of guardianship under article seventeen of the surrogate's\ncourt procedure act and the termination of the order of placement\npursuant to this article or article ten of this act; or, if any of the\nparties object to the granting of custody or guardianship, the court has\nmade the following findings after a joint hearing on the permanency of\nthe child and the petition under article six of this act or article\nseventeen of the surrogate's court procedure act:\n (A) if a relative or relatives or suitable person or persons have\nfiled a petition for custody or guardianship and a parent or parents\nfail to consent to the granting of the petition, the court finds that\nthe relative or relatives or suitable person or persons have\ndemonstrated that extraordinary circumstances exist that support\ngranting an order of custody or guardianship under article six of this\nact or the granting of guardianship under article seventeen of the\nsurrogate's court procedure act to the relative or relatives or suitable\nperson or perso
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