Tucker v. Martin

Centra, J.P., and Feradotto, J. (dissenting).

We respectfully dissent inasmuch as we cannot agree with the majority that nonparent Eric R. Martin, Sr., a respondent in appeal No. 1 and *1092the petitioner in appeal No. 2, met his burden of establishing the requisite “extraordinary circumstances” to deprive the child’s biological father, Robert A. Tucker, the petitioner in appeal No. 1 and the respondent in appeal No. 2, of custody of his daughter.

The child who is the subject of this proceeding is the daughter of the late Michele M. Mackey, a respondent in appeal No. 1, and Tucker. When the child…