Legal Opinion
Lake v. Van Wormer
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 1995PublishedCited by 4 opinions
1Opinion of the CourtWhite, J.
Appeal from an order of the Family Court of Schenectady County (Griset, J.), entered October 27, 1992, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 6, for custody of her minor sibling.
In a custody dispute, such as this, involving a third party and a biological parent, parental custody may not be precluded absent a threshold showing by the third party of extraordinary circumstances (see, Matter of Zamoiski v Centeno, 166 AD2d 781, 782, lv denied 77 NY2d 803). Extraordinary circumstances include "surrender, abandonment, unfitness, persistent…
2Cases cited6 opinions
- Bennett v. JeffreysNew York Court of Appeals · 1976
- Antionette M. v. Paul Seth G.Appellate Division of the Supreme Court of the State of New York · 1994
- Gray v. ChambersAppellate Division of the Supreme Court of the State of New York · 1994
- Zamoiski v. CentenoAppellate Division of the Supreme Court of the State of New York · 1990
- Hansen v. PostAppellate Division of the Supreme Court of the State of New York · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kreger v. NewellAppellate Division of the Supreme Court of the State of New York · 1995
- William L. v. Betty T.Appellate Division of the Supreme Court of the State of New York · 1997
- Oscarson v. MarescaAppellate Division of the Supreme Court of the State of New York · 1996
- Peters v. BlueNew York Family Court · 1997