Legal Opinion

Young v. Roe

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

Decided November 2, 1942PublishedCited by 9 opinions

1Opinion of the Court

The mother is presumptively entitled to custody by force of the decree of a sister state making such award. The New York court, however, is not without power to make a different award if intervening and current circumstances have changed. (Ansorge v. Armour, 267 N. Y. 492; Restatement, Conflict of Laws, §§ 147, 148, and New York Annotations.) The evidence requires a finding that the welfare of the child will be better promoted under the custody of the father. It does not appear that the mother has a permanent home or a firm source of income. There appears to be a suitable degree of domestic…

2Cases cited1 opinion

  1. Ansorge v. ArmourNew York Court of Appeals · 1935

3Cited by9 opinions

  1. Schacht v. SchachtNew York Family Court · 1946
  2. Guyette v. HaleyAppellate Division of the Supreme Court of the State of New York · 1955
  3. Sutera v. SuteraAppellate Division of the Supreme Court of the State of New York · 1956
  4. Harless v. HarlessNew York Family Court · 1948
  5. In re the Custody of ForbellNew York Supreme Court · 1950

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