Legal Opinion

Rudy v. Mazzetti

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

Decided March 29, 2004PublishedCited by 34 opinions

1Opinion of the Court

In a guardianship proceeding pursuant to Family Court Act article 6, the petitioners appeal, as limited by their brief, from so much of an order of the Family Court, Dutchess County (Brands, J.), dated March 4, 2003, as awarded custody of their grandchildren to the natural mother.

Ordered that the order is affirmed insofar as appealed from, with costs.

It is well settled that, as between a parent and a nonparent, the parent has the superior right to custody that cannot be *778denied unless the nonparent establishes that the parent has relinquished that right due to surrender, abandonment,…

2Cases cited16 opinions

  1. Bennett v. JeffreysNew York Court of Appeals · 1976
  2. Lincoln v. LincolnNew York Court of Appeals · 1969
  3. In re Darlene T.New York Court of Appeals · 1971
  4. Farnham v. FarnhamAppellate Division of the Supreme Court of the State of New York · 1998
  5. Thompson v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1999

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

3Cited by34 opinions

  1. McDermott v. DoughertyCourt of Appeals of Maryland · 2005
  2. Bibas v. BibasAppellate Division of the Supreme Court of the State of New York · 2009
  3. Esposito v. ShannonAppellate Division of the Supreme Court of the State of New York · 2006
  4. Fishburne v. TeelucksinghAppellate Division of the Supreme Court of the State of New York · 2006
  5. Campo v. ChapmanAppellate Division of the Supreme Court of the State of New York · 2005

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

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