Legal Opinion · Dissent

Tyrrell v. Tyrrell

Appellate Division of the Supreme Court of the State of New York

Decided April 13, 1979Published

1DissentMoule, J.

Petitioner seeks custody of her 11-year-old daughter upon the death of the child’s father who had custody since shortly after he and petitioner separated in 1969. Respondent stepmother married the father in 1972 and has lived with the child continuously since that time. Supreme Court held that petitioner’s not having had custody of the child for over eight years, the attachment the child formed for respondent, who has supervised the child’s upbringing and education since 1972, and the birth of a half brother in 1974 constituted extraordinary circumstances such that custody should be…

2Cases cited5 opinions

  1. Bennett v. JeffreysNew York Court of Appeals · 1976
  2. Raysor v. GabbeyAppellate Division of the Supreme Court of the State of New York · 1977
  3. In re Jonathan D. Jewish Child Care Ass'nAppellate Division of the Supreme Court of the State of New York · 1978
  4. Robertson v. RobertsonAppellate Division of the Supreme Court of the State of New York · 1976
  5. Safchik v. SafchikAppellate Division of the Supreme Court of the State of New York · 1976

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