Bishunath v. Bishunath

“In a custody proceeding between a parent and a nonparent, the parent has the superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right due to surrender, abandonment, persisting neglect, unfitness, or other like extraordinary circumstances” (Matter of Ruiz v Travis, 84 AD3d 1242, 1242 [2011] [internal quotation marks omitted]; see Matter of Holmes v Glover, 68 AD3d 868 [2009]; Matter of Wilson v Smith, 24 AD3d 562, 563 [2005]). Where, as here, a nonparent succeeds in establishing the existence of extraordinary circumstances…