In re Bess P.

Decisions involving the custody of a child not only as between parents (People ex rel. Elder v. Elder, 98 App. Div. 244; see Finlay v. Finlay, 240 N. Y. 429, 432, 433, 434 [1925]; People ex rel. Fields v. Kaufmann, 9 A D 2d 375 [1959]) but between nonparents (Matter of Welch, 74 N. Y. 299 [1878]) or as between an institution having custody and foster parents (Matter of Mary I v. Convent of Sisters of Mercy in Brooklyn, 200 Misc. 115 [1951]) have repeatedly held that the court’s primary concern is the health, welfare, and best interest of the child. (See People ex rel. Converse v. Derrick, 146…