Wilson v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*563In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Queens County (Rood, R.), dated July 13, 2004, which awarded custody of the child to her de facto guardians.
Ordered that the order is affirmed, without costs or disbursements.
As between a parent and a nonparent, the parent has the superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right due to surrender, abandonment, persistent neglect, unfitness, or other like extraordinary circumstances (see Matter of…
2Cases cited8 opinions
- Bennett v. JeffreysNew York Court of Appeals · 1976
- In re Darlene T.New York Court of Appeals · 1971
- Dobbins v. VartabedianAppellate Division of the Supreme Court of the State of New York · 2003
- In re Nadia Kay R. Fred D.Appellate Division of the Supreme Court of the State of New York · 1986
- Pauline G. v. Carolyn F.Appellate Division of the Supreme Court of the State of New York · 1992
3 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- West v. TurnerAppellate Division of the Supreme Court of the State of New York · 2007
- Wright v. WrightAppellate Division of the Supreme Court of the State of New York · 2011
- Brown v. ZuzierlaAppellate Division of the Supreme Court of the State of New York · 2010
- Tolbert v. ScottAppellate Division of the Supreme Court of the State of New York · 2007
- Barcellos v. Warren-KiddAppellate Division of the Supreme Court of the State of New York · 2008
27 more not listed; retrieve them via the Exa API.