Legal Opinion

Martin v. Martin

New York Court of Appeals

Decided July 13, 1978PublishedCited by 25 opinions

1Opinion of the Court

*740OPINION OF THE COURT

2Per curiam

Petitioner father seeks permanent custody of two boys, now aged seven and eight, alleging that the mother, his second wife, who was awarded custody under the terms of a separation agreement incorporated into a Florida judgment of divorce, is an unfit parent (Domestic Relations Law, § 70). Special Term denied the father’s application, declining to exercise jurisdiction. The Appellate Division [52 AD2d 144] reversed, and ordered a hearing, at which the father was awarded custody. The mother appeals directly from the judgment at Supreme Court pursuant to CPLR 5601 (subd [d])…

3Cases cited7 opinions

  1. Finlay v. FinlayNew York Court of Appeals · 1925
  2. Nehra v. UhlarNew York Court of Appeals · 1977
  3. Bachman v. MejiasNew York Court of Appeals · 1956
  4. Lang v. LangAppellate Division of the Supreme Court of the State of New York · 1959
  5. Lang v. LangNew York Court of Appeals · 1960

2 more not listed; retrieve them via the Exa API.

4Cited by25 opinions

  1. In re the Appointment of a Guardian for Jacqueline F.New York Court of Appeals · 1979
  2. Michael P. v. Diana G.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Priscilla S. v. Albert B.New York City Family Court · 1980
  4. William L. v. Michelle P.New York Family Court · 1979
  5. De Passe v. De PasseAppellate Division of the Supreme Court of the State of New York · 1979

20 more not listed; retrieve them via the Exa API.

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