Legal Opinion
Feldman v. Feldman
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1974PublishedCited by 23 opinions
1Opinion of the CourtBenjamin, J.
In this habeas corpus proceeding, treated by the Special Term, upon consent, as an application to modify the custodial provisions contained in the parties’ judgment of divorce, the court transferred from the mother to the unmarried father the custody of their two infant children (ages six and nine) who previously thereto had continuously resided with their mother since birth.
The issue presented is whether the court’s determination, cloaked in the rubric “ best interests of the child ”, was, in fact, based upon its subjective moral judgment rejecting and in effect severely punishing this…
2Cases cited5 opinions
- Griswold v. ConnecticutSupreme Court of the United States · 1965
- Stanley v. GeorgiaSupreme Court of the United States · 1969
- Bunim v. BunimNew York Court of Appeals · 1949
- Schmidt v. United StatesCourt of Appeals for the Second Circuit · 1949
- Thornton v. RayaCalifornia Court of Appeal · 1967
3Cited by23 opinions
- Ebert v. EbertNew York Court of Appeals · 1976
- In re Ray A. M.New York Court of Appeals · 1975
- Martin v. MartinAppellate Division of the Supreme Court of the State of New York · 1980
- Guinan v. GuinanAppellate Division of the Supreme Court of the State of New York · 1984
- Linda R. v. Richard E.Appellate Division of the Supreme Court of the State of New York · 1990
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