Topic: as between a parent and a nonparent, the parent has a super… · Go Syfert
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Topic #9659

6 canonical passages across 5 cases, quoted by 39 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Gary G. v. Roslyn P..

#Case FlagCanonical passage Citers
1 Gary G. v. Roslyn P. Anchor
nyappdiv · 1998
green “as 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 because of 'surrender, abandonment, persisting neglect, unfitness or other like extraordinary circum…” 14
2 Gary G. v. Roslyn P.
nyappdiv · 1998
green “it is well established that, as 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 because of 'surrender, abandonment, persisting neglect, unfitness or ot…” 13
3 Heintz v. Heintz
nyappdiv · 2000
green “there would be no need to reverse on that basis because the court subsequently conducted a full custody hearing, . . . and the record does not support the contention of the father that he was prejudiced by the temporary order” 3
4 Beth G. v. Johnson
nyappdiv · 2001
green “demonstrated that he has no interest in learning about the child's conditions and needs and how to treat them” 3
5 Stiles v. Orshal
nyappdiv · 2002
green “deprived a biological parent of custody of her children without the . . . requisite evidentiary hearing” 3
6 Scala v. Parker
nyappdiv · 2003
green “bore the burden of proof regardless of the order of presentation” 3

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