Legal Opinion
Matter of Mercado v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 2015No. 2012-09855PublishedCited by 3 opinions
1Opinion of the Court
Appeal from an order of the Family Court, Kings County (Carol J. Goldstein, Ct. Atty. Ref.), dated July 16, 2012. The order, insofar as appealed from, denied the mother’s petition for sole legal and physical custody of the child, and awarded the respondent Cheryl Smith sole physical and legal custody of the child.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
“In a . . . custody [proceeding] between a parent and a nonparent, the parent has a superior right to custody that cannot be denied unless the nonparent establishes that the parent has…
2Cases cited7 opinions
- Bennett v. JeffreysNew York Court of Appeals · 1976
- Cambridge v. CambridgeAppellate Division of the Supreme Court of the State of New York · 2004
- Wright v. WrightAppellate Division of the Supreme Court of the State of New York · 2011
- Flores v. FloresAppellate Division of the Supreme Court of the State of New York · 2012
- Cockrell v. BurkeAppellate Division of the Supreme Court of the State of New York · 2008
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Matter of Lewis v. SpeakerAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Gunther v. BrownAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Negron v. MedinaAppellate Division of the Supreme Court of the State of New York · 2016