Matter of Santiago v. Henderson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a custody proceeding pursuant to Family Court Act article 6, the petitioners appeal from an order of the Family Court, Suffolk County (Whelan, J.), dated October 30, 2013, which, without a hearing, granted the father’s motion to dismiss the petition for lack of standing.
Ordered that the order is affirmed, without costs or disbursements.
“As 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, persistent neglect, unfitness, or other like…
2Cases cited12 opinions
- Bennett v. JeffreysNew York Court of Appeals · 1976
- In re Tristram K.Appellate Division of the Supreme Court of the State of New York · 2005
- Wilson v. SmithAppellate Division of the Supreme Court of the State of New York · 2005
- Dungee v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2003
- Brown v. ZuzierlaAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by9 opinions
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- Matter of Sellers v. BrownAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Smith v. CooksAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Pugz v. SmithAppellate Division of the Supreme Court of the State of New York · 2016
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