Legal Opinion
Smith v. Lascaris
New York City Family Court
Decided October 29, 1980PublishedCited by 14 opinions
1Opinion of the Court
opinion of the court
Edward J. McLaughlin, J.
After custody and guardianship of a child has been awarded to an authorized agency in an abandonment proceeding pursuant to section 384-b (subd 4, par [b]) of the Social Services Law, a court should not exercise its jurisdiction over a petition filed by a private person which seeks mere custody of that child. To exercise jurisdiction would circumvent the clear public policy of this State, which is, that a permanent home should be found for every child who has been determined to be abandoned and the child’s custody and guardianship awarded to the…
2Cases cited11 opinions
- Meyer v. NebraskaSupreme Court of the United States · 1923
- Pierce v. Society of SistersSupreme Court of the United States · 1925
- In re Leon RRNew York Court of Appeals · 1979
- People ex rel. Kropp v. ShepskyNew York Court of Appeals · 1953
- Lo Presti v. Lo PrestiNew York Court of Appeals · 1976
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Anonymous v. OlsonAppellate Division of the Supreme Court of the State of New York · 1985
- In re Mavis M.New York Family Court · 1981
- In re RalphAppellate Division of the Supreme Court of the State of New York · 2000
- Arnetta S. v. Commissioner of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1992
- Loretta D. v. Commissioner of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1991
9 more not listed; retrieve them via the Exa API.