Benson v. Jordan

Order unanimously reversed on the law without costs and matter remitted to Onondaga County Family Court for further proceedings in accordance with the following Memorandum: In this habeas corpus proceeding, petitioner seeks to regain custody of her infant child from respondents. The child was born on May 1, 1990 and has *1081been in the custody of respondents since July 21, 1990. Respondents contend that petitioner voluntarily gave them custody and that she further consented to their adoption of the child. Petitioner contends that respondents do not have lawful custody of the child and that she…