Legal Opinion
In re Ricky Ralph M.
New York Court of Appeals
Decided May 18, 1982PublishedCited by 28 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
Substantively, we hold that, since the termination of parental rights must be predicated on one or more of the grounds specifically enumerated in section 384-b of the Social Services Law, none of which include “unfitness” as such, it could not be based on a finding of the latter alone. Procedurally, we further hold that a habeas corpus proceeding to obtain custody of a child is not an appropriate substitute for a proceeding under section 384-b.
The litigation to which these rulings pertain arises from the birth of a male child out of wedlock on March 14,1974.…
2Cases cited12 opinions
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
- Smith v. Organization of Foster Families for Equality & ReformSupreme Court of the United States · 1977
- Bennett v. JeffreysNew York Court of Appeals · 1976
- Friederwitzer v. FriederwitzerNew York Court of Appeals · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In re Sheila G.New York Court of Appeals · 1984
- Morrison v. WatkinsCourt of Appeals of Kansas · 1995
- In re T. C.New York City Family Court · 1985
- Abendschein v. GattiAppellate Division of the Supreme Court of the State of New York · 1984
- Thomas S. v. Robin Y.Appellate Division of the Supreme Court of the State of New York · 1994
23 more not listed; retrieve them via the Exa API.