Barcellos v. Warren-Kidd
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
“As between a parent and a nonparent, the parent has the *985superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished the right due to surrender, abandonment, persistent neglect, unfitness, or other similar extraordinary circumstances” (Matter of Danzy v Jones-Moore, 54 AD3d 858 [2008]). A determination of the best interests of the child is made only if the nonparent meets his or her burden of establishing the existence of extraordinary circumstances (see People ex rel. Secor v Acosta, 46 AD3d 927 [2007]). Upon a finding of extraordinary…
2Cases cited8 opinions
- Bennett v. JeffreysNew York Court of Appeals · 1976
- Thompson v. Yu-ThompsonAppellate Division of the Supreme Court of the State of New York · 2007
- Wilson v. SmithAppellate Division of the Supreme Court of the State of New York · 2005
- West v. TurnerAppellate Division of the Supreme Court of the State of New York · 2007
- Donohue v. DonohueAppellate Division of the Supreme Court of the State of New York · 2007
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brown v. ZuzierlaAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Culberson v. FisherAppellate Division of the Supreme Court of the State of New York · 2015
- Jumper v. HemphillAppellate Division of the Supreme Court of the State of New York · 2010
- Robinson v. McNairAppellate Division of the Supreme Court of the State of New York · 2011
- Herrera v. VallejoAppellate Division of the Supreme Court of the State of New York · 2013
8 more not listed; retrieve them via the Exa API.