Legal Opinion

Christina L. v. James H.

New York City Family Court

Decided August 20, 1982PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Nanette Dembitz, J.

In this consolidated habeas corpus and adoption proceeding, a biological mother petitions to secure the custody of her infant, whom she released at birth to preadoptive parents; they seek to retain his custody and also adopt him. The adoption petition must be denied for failure to meet the statutory requirements for an adoption. Further, this court must under the constraint of appellate precedents grant custody to the mother, because she appears to be “fit” in the respects that this term has been judicially defined.

However, for reasons summarized below…

2Cases cited26 opinions

  1. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
  2. Wisconsin v. YoderSupreme Court of the United States · 1972
  3. Goss v. LopezSupreme Court of the United States · 1975
  4. Ingraham v. WrightSupreme Court of the United States · 1977
  5. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981

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3Cited by2 opinions

  1. In re the Adoption of Male Infant L. Christina L.New York Court of Appeals · 1984
  2. Landaverde v. HowieAppellate Division of the Supreme Court of the State of New York · 1983

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