Legal Opinion

Herrera v. Vallejo

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

Decided June 5, 2013PublishedCited by 12 opinions

1Opinion of the Court

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Suffolk County (Loguercio, J.), dated February 28, 2012, as granted the petition of the nonparent for sole custody of the subject child.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In a child custody dispute 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 relinquished that right due to…

2Cases cited17 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Bennett v. JeffreysNew York Court of Appeals · 1976
  3. Wilson v. SmithAppellate Division of the Supreme Court of the State of New York · 2005
  4. Andrews v. MouzonAppellate Division of the Supreme Court of the State of New York · 2011
  5. Rodriguez v. Delacruz-SwanAppellate Division of the Supreme Court of the State of New York · 2012

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3Cited by12 opinions

  1. Matter of Culberson v. FisherAppellate Division of the Supreme Court of the State of New York · 2015
  2. Marquis B. v. Alexis H.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Matter of Jerrina P. (June H.--Shondell N.P.)Appellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of Lewis v. SpeakerAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of King v. KingAppellate Division of the Supreme Court of the State of New York · 2021

7 more not listed; retrieve them via the Exa API.

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