Voelker v. Keptner

Balio and Davis, JJ.

(dissenting). The principal issue on this

appeal is whether Family Court abused its discretion in granting the natural father’s petition for joint custody of his out-of-wedlock child. In our view, the majority has misdescribed Family Court’s analysis of this issue and by making its own findings regarding the best interest of the child, has failed to accord proper weight to the discretionary determination of the hearing court. We, therefore, respectfully dissent.

It was the common-law rule that the natural mother of an out-of-wedlock child had a prima facie right to custody…