Legal Opinion
Milli v. Morreale
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1981PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
It is a fundamental rule that “[t]he parent has a ‘right’ to rear its child, and the child has a ‘right’ to be reared by its parent” (Matter of Bennett v Jeffreys, 40 NY2d 543, 546, quoted in Matter of Tyrrell v Tyrrell, 67 AD2d 247, 248, affd 47 NY2d 937). It is also settled that “[b]efore custody may be awarded to a nonparent based on the best interest of the child against the wishes of a parent, the court must make the threshold determination that extraordinary circumstances exist. The best interest of the child, as such, is not involved in this threshold question.…
3Cases cited4 opinions
- Bennett v. JeffreysNew York Court of Appeals · 1976
- Corey L v. Martin LNew York Court of Appeals · 1978
- Tyrrell v. TyrrellAppellate Division of the Supreme Court of the State of New York · 1979
- Tyrrell v. TyrrellNew York Court of Appeals · 1979
4Cited by3 opinions
- Fuss v. NiceforoAppellate Division of the Supreme Court of the State of New York · 1997
- La Croix v. DeyoNew York City Family Court · 1981
- In re PaschenNew York Surrogate's Court · 1982