Legal Opinion

Matter of Rochelle C. v. Bridget C.

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

Decided June 1, 2016No. 2015-01856PublishedCited by 7 opinions

1Opinion of the Court

Appeal from an order of the Family Court, Kings County (William Franc Perry, J.), dated February 5, 2015. The order, after a hearing, granted the maternal aunt’s petition to be appointed permanent guardian of the subject child.

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. Where…

2Cases cited4 opinions

  1. Bennett v. JeffreysNew York Court of Appeals · 1976
  2. Lane v. LaneAppellate Division of the Supreme Court of the State of New York · 2009
  3. Darrow v. DarrowAppellate Division of the Supreme Court of the State of New York · 2013
  4. Diana B. v. Lorry B.Appellate Division of the Supreme Court of the State of New York · 2013

3Cited by7 opinions

  1. Matter of Laura M. v. Nicole N.Appellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Sofia S.S. (Goldie M.--Elizabeth C.)Appellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Gunther v. BrownAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Negron v. MedinaAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Rodriguez v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2017

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