Legal Opinion

Matter of Bailey v. Carr

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

Decided February 18, 2015No. 2013-06448PublishedCited by 15 opinions

1Opinion of the Court

Appeal from an order of the Family Court, Kings County (Michael L. Katz, J.), dated May 31, 2013. The order, insofar as appealed from, granted the motion of the subject children, made at the close of the grandmother’s case at a hearing on the issue of extraordinary circumstances, to dismiss the grandmother’s custody petition for lack of standing.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In a child custody dispute between a parent and a nonparent, the parent has a superior right to custody that cannot be denied unless the nonparent establishes…

2Cases cited22 opinions

  1. Bennett v. JeffreysNew York Court of Appeals · 1976
  2. Corey L v. Martin LNew York Court of Appeals · 1978
  3. Solovay v. SolovayAppellate Division of the Supreme Court of the State of New York · 2012
  4. Esposito v. ShannonAppellate Division of the Supreme Court of the State of New York · 2006
  5. Aylward v. BaileyAppellate Division of the Supreme Court of the State of New York · 2012

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3Cited by15 opinions

  1. Matter of Maddox v. MaddoxAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Sellers v. BrownAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Smith v. CooksAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Pugz v. SmithAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Grosso v. LambAppellate Division of the Supreme Court of the State of New York · 2021

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