Legal Opinion
In re Fierro
New York Supreme Court
Decided January 18, 1957PublishedCited by 9 opinions
1Opinion of the CourtWalter R. Hart, J.
Petitioner, Pasquale Fierro, by writ of habeas corpus, seeks custody of a child born out of wedlock to Genevieve Diamond and himself on July 14, 1954. The mother of the infant died as the result of an accident on October 31, 1956. The infant, at the present time, is in the custody of respondent, the sister of the deceased mother.
Certain definite principles have been established to guide the courts in deciding custody of a child where that issue is raised by habeas corpus proceedings. The first and basic one is the welfare and best interests of the child (Matter of Lee, 220 N. Y. 532; Finlay…
2Cases cited9 opinions
- Meyer v. NebraskaSupreme Court of the United States · 1923
- Finlay v. FinlayNew York Court of Appeals · 1925
- People ex rel. Portnoy v. StrasserNew York Court of Appeals · 1952
- In Re the Application for Letters of Guardianship of the Person & Property of ThorneNew York Court of Appeals · 1925
- Guardianship of SmithCalifornia Supreme Court · 1954
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Raysor v. GabbeyAppellate Division of the Supreme Court of the State of New York · 1977
- In the Matter of BarlowMichigan Supreme Court · 1978
- In Re Guardianship of DA McW.District Court of Appeal of Florida · 1983
- In the Matter of the Guardianship of CNew Jersey Superior Court Appellate Division · 1967
- State in Interest of MUtah Supreme Court · 1970
4 more not listed; retrieve them via the Exa API.