Legal Opinion

Robertson v. Robertson

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

Decided November 5, 1976No. Appeal No. 1; Appeal No. 2; Appeal No. 3PublishedCited by 4 opinions

1Opinion of the Court

Order unanimously reversed, without costs, and matter remitted to Ontario County Family Court for further proceedings in *1082accordance with the following memorandum: The rule to be applied now in custody cases involving a contest between a natural parent and a nonparent was restated recently by the Court of Appeals in Matter of Bennett v Jeffreys (40 NY2d 543); see, also, Matter of Gomex v Lozado (40 NY2d 839). In Bennett the court held that the State may not deprive a natural parent of the custody of his or her child absent surrender, abandonment, persistent neglect, unfitness or other like…

2Cases cited3 opinions

  1. Bennett v. JeffreysNew York Court of Appeals · 1976
  2. Ebert v. EbertNew York Court of Appeals · 1976
  3. Gomez v. LozadoNew York Court of Appeals · 1976

3Cited by4 opinions

  1. Dickson v. LascarisNew York City Family Court · 1978
  2. In re Lamond B. Brooklyn Home for ChildrenAppellate Division of the Supreme Court of the State of New York · 1978
  3. In re Jabril P.New York City Family Court · 1980
  4. Tyrrell v. TyrrellAppellate Division of the Supreme Court of the State of New York · 1979

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