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11 New York opinions name it 1 courts 1991–2021 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In re Kendra M.green2 sentences2019"A parent's right to be heard on a matter of child custody is fundamental and not to be disregarded absent a convincing showing of waiver' " ( Sales , 272 AD2d at 997 ; see generally Matter of Kendra M. , 175 AD2d 657, 658 [4th Dept 1991]). 2009“A parent has a right to be heard on matters concerning [his or] her child and the parent’s rights are not to be disregarded absent a convincing showing of waiver” (Matter of Kendra M., 175 AD2d 657, 658 [1991]; see Matter of Cleveland W., 256 AD2d 1151 [1998]). | 3 | 7 |
In re Cleveland W.green2 sentences2020The Family Court's refusal to permit the mother's counsel to admit into evidence the documentary evidence on behalf of the mother based upon the mother's failure to appear on June 27, 2018, violated the mother's right to due process. " A parent has a right to be heard on matters [*2]concerning her [or his] child and the parent's rights are not to be disregarded absent a convincing showing of waiver'" ( Matter of Tyrell M. , 283 AD2d at 501 , quoting Matter of Cleveland W. , 256 AD2d 1151, 1151 [internal quotation marks omitted]; see Matter of Patricia C. , 63 AD3d 1710, 1711 ; Matter of Domini 2009“A parent has a right to be heard on matters concerning [his or] her child and the parent’s rights are not to be disregarded absent a convincing showing of waiver” (Matter of Kendra M., 175 AD2d 657, 658 [1991]; see Matter of Cleveland W., 256 AD2d 1151 [1998]). | 3 | 4 |
People v. Horacegreen2 sentences2021Although " '[a] parent has a right to be heard on matters concerning [his or] her child and the parent's rights are not to be disregarded absent a convincing showing of waiver ' " ( Matter of Dominique L.B. , 231 AD2d 948, 948 [4th Dept 1996] [emphasis added]), " '[a] parent's right to be present for fact-finding and dispositional hearings in termination cases [*2]is not absolute,' " and " '[t]he child whose guardianship and custody is at stake also has a fundamental right to a prompt and permanent adjudication' " ( Matter of Dakota H. [Danielle F.] , 126 AD3d 1313 , 1315 [4th Dept 2015], lv d 2020The Family Court's refusal to permit the mother's counsel to admit into evidence the documentary evidence on behalf of the mother based upon the mother's failure to appear on June 27, 2018, violated the mother's right to due process. " A parent has a right to be heard on matters [*2]concerning her [or his] child and the parent's rights are not to be disregarded absent a convincing showing of waiver'" ( Matter of Tyrell M. , 283 AD2d at 501 , quoting Matter of Cleveland W. , 256 AD2d 1151, 1151 [internal quotation marks omitted]; see Matter of Patricia C. , 63 AD3d 1710, 1711 ; Matter of Domini | 2 | 5 |
In re Laticia B.green2 sentences1996"A parent has a right to be heard on matters concerning her child and the parent’s rights are not to be disregarded absent a convincing showing of waiver” (Matter of Kendra M., supra, at 658; see, Matter of Latida B., supra, at 682-683). 1991A parent has a right to be heard on matters concerning her child and the parent’s rights are not to be disregarded absent a convincing showing of waiver (Matter of Latida B., supra, at 682-683). | 2 | 2 |
In re Elizabeth T.green1 sentence2021Contrary to the father's contention, he was notified of the scheduled hearing date, and we conclude that he willfully failed to appear and thereby waived his appearance ( see Matter of Elizabeth T. [Leonard T.] , 3 AD3d 751, 753 [3d Dept 2004]; cf. Matter of Kendra M. , 175 AD2d 657, 658 [4th Dept 1991]). | 1 | 1 |
In re Patricia C.green2 sentences2020The Family Court's refusal to permit the mother's counsel to admit into evidence the documentary evidence on behalf of the mother based upon the mother's failure to appear on June 27, 2018, violated the mother's right to due process. " A parent has a right to be heard on matters [*2]concerning her [or his] child and the parent's rights are not to be disregarded absent a convincing showing of waiver'" ( Matter of Tyrell M. , 283 AD2d at 501 , quoting Matter of Cleveland W. , 256 AD2d 1151, 1151 [internal quotation marks omitted]; see Matter of Patricia C. , 63 AD3d 1710, 1711 ; Matter of Domini 2020Here, there was no showing that the mother waived her right to be heard ( see Matter of Patricia C. , 63 AD3d at 1711 ; Matter of Tyrell M. , 283 AD2d at 501 ; Matter of Dominique L.B. , 231 AD2d at 948). | 1 | 1 |
Griffin v. Griffingreen1 sentence2019Moreover, "[i]t is well established that, as between a [*2]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 because of surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances" ( Matter of Katherine D. v Lawrence D. , 32 AD3d 1350 , 1351 [4th Dept 2006], lv denied 7 NY3d 717 [2006] [internal quotation marks omitted]) and further establishes that an award of custody to the nonparent is in the best interests of the child ( see Matter of Griff | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
HoganWillig, PLLC v. Hendel
green
1 sentence2021Although " '[a] parent has a right to be heard on matters concerning [his or] her child and the parent's rights are not to be disregarded absent a convincing showing of waiver ' " ( Matter of Dominique L.B. , 231 AD2d 948, 948 [4th Dept 1996] [emphasis added]), " '[a] parent's right to be present for fact-finding and dispositional hearings in termination cases [*2]is not absolute,' " and " '[t]he child whose guardianship and custody is at stake also has a fundamental right to a prompt and permanent adjudication' " ( Matter of Dakota H. [Danielle F.] , 126 AD3d 1313 , 1315 [4th Dept 2015], lv d | 1 | 2021–2021 |
In re Tyrell M.
green
2 sentences2020The Family Court's refusal to permit the mother's counsel to admit into evidence the documentary evidence on behalf of the mother based upon the mother's failure to appear on June 27, 2018, violated the mother's right to due process. " A parent has a right to be heard on matters [*2]concerning her [or his] child and the parent's rights are not to be disregarded absent a convincing showing of waiver'" ( Matter of Tyrell M. , 283 AD2d at 501 , quoting Matter of Cleveland W. , 256 AD2d 1151, 1151 [internal quotation marks omitted]; see Matter of Patricia C. , 63 AD3d 1710, 1711 ; Matter of Domini 2020Here, there was no showing that the mother waived her right to be heard ( see Matter of Patricia C. , 63 AD3d at 1711 ; Matter of Tyrell M. , 283 AD2d at 501 ; Matter of Dominique L.B. , 231 AD2d at 948). | 1 | 2020–2020 |
In re Apprentiace S.
green
1 sentence2019Moreover, "[i]t is well established that, as between a [*2]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 because of surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances" ( Matter of Katherine D. v Lawrence D. , 32 AD3d 1350 , 1351 [4th Dept 2006], lv denied 7 NY3d 717 [2006] [internal quotation marks omitted]) and further establishes that an award of custody to the nonparent is in the best interests of the child ( see Matter of Griff | 1 | 2019–2019 |
Sales v. Gisendaner
green
1 sentence2019"A parent's right to be heard on a matter of child custody is fundamental and not to be disregarded absent a convincing showing of waiver' " ( Sales , 272 AD2d at 997 ; see generally Matter of Kendra M. , 175 AD2d 657, 658 [4th Dept 1991]). | 1 | 2019–2019 |
Bennett v. Jeffreys
green
1 sentence2000Moreover, transfer of custody from a parent to a nonparent requires a showing of extraordinary circumstances justifying the court’s intervention, followed by a showing that an award of custody to the nonparent is in the child’s best interests (see, Matter of Bennett v Jeffi'eys, 40 NY2d 543 , 545- 549). | 1 | 2000–2000 |