Lampitt v. Lampitt

In a child custody proceeding pursuant to Family Court Act article 6, the maternal grandparents of the subject child appeal from an order of the Family Court, Suffolk County (Boggio, Ct. Atty. Ref.), dated December 19, 2011, which granted the mother’s petition to modify a prior order of the same court dated March 18, 2002, entered upon the consent of the parties, so as to award the mother sole custody of the child.

Ordered that the order is affirmed, without costs or disbursements.

As between a parent and a nonparent, the parent has the superior right to custody that cannot be denied unless the…