Legal Opinion

Ruth C. v. Gregory E.

Appellate Division of the Supreme Court of the State of New York

Decided September 26, 2006Published

1Opinion of the Court

*1025In a child custody proceeding pursuant to Family Court Act article 6, and a related neglect proceeding pursuant to Family Court Act article 10, the father appeals from an order of the Family Court, Queens County (DePhillips, J.), dated May 6, 2005, which, after a hearing, awarded custody of the child to the maternal great-grandmother.

Ordered that the order is affirmed, with costs.

In a custody proceeding between a parent and a nonparent, “the parent has a superior right of custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right due to…

2Cases cited8 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Bennett v. JeffreysNew York Court of Appeals · 1976
  3. Rudy v. MazzettiAppellate Division of the Supreme Court of the State of New York · 2004
  4. Campo v. ChapmanAppellate Division of the Supreme Court of the State of New York · 2005
  5. Curry v. AshbyAppellate Division of the Supreme Court of the State of New York · 1987

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