Does a prior declaration of paternity need to be made before a paternal relative can seek custody of a child born out of wedlock?

The foster parents maintain that, because the parents were not married, a prior declaration of paternity is required per se before a father, or by extension, a paternal relative has [152 Misc.2d 498] standing to seek custody of a child born out of wedlock. In addition, the foster parents maintain that the aunt's petition does not set forth facts which, if true, would (i) constitute "extraordinary circumstances" and (ii) establish that the best interests of the child compel an award of custody to her (see Bennett v. Jeffreys, 40 N.Y.2d 543, 387 N.Y.S.2d 821, 356 N.E.2d 277 (1976)). For the reasons set forth below, the foster parents' motion is denied.