Legal Opinion

Matter of Elisha W-B. v. Aidan W.

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

Decided July 6, 2017No. 4404Published

1Opinion of the Court

Order, Family Court, New York County (Carol Goldstein, J.), entered on or about August 9, 2016, which, inter alia, after a hearing, awarded custody of the subject child to petitioner maternal cousin, unanimously affirmed, without costs.

The court properly found that respondent father’s presumptive entitlement to the custody of his son was overcome by petitioner’s showing of extraordinary circumstances based upon the facts that the father had never assumed a primary parental role in the child’s life, had not obtained adequate housing even though the matter was pending for about one year and had…

2Cases cited2 opinions

  1. Cockrell v. BurkeAppellate Division of the Supreme Court of the State of New York · 2008
  2. Joseph S. v. Michelle R.F.Appellate Division of the Supreme Court of the State of New York · 2004

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