Sheppard v. Sheppard

Appellate Division of the Supreme Court of New York

Sheppard v. Sheppard

64 A.D.2d 809, 407 N.Y.S.2d 599, 1978 N.Y. App. Div. LEXIS 12655

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

DecidedJuly 7, 1978

StatusPublished

This text of 64 A.D.2d 809 (Sheppard v. Sheppard) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sheppard v. Sheppard, 64 A.D.2d 809, 407 N.Y.S.2d 599, 1978 N.Y. App. Div. LEXIS 12655 (N.Y. Ct. App. 1978).

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Opinion

—Order unanimously affirmed, without costs. Memorandum: After finding that the natural parent of an infant child was unfit to care for the child and that it was in the best interests of the child to be in the custody of her paternal grandfather, Family Court ordered custody of the child to the grandfather. "The State may not deprive a parent of the custody of a child absent surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances. If any of such extraordinary circumstances are present, the disposition of custody is influenced or controlled by what is in the best interests of the child” (Matter of Bennett v Jeffreys, 40 NY2d 543, 544; Raysor v Gabbey, 57 AD2d 437, 440). We affirm because a careful review of this record persuades us that such "extraordinary circumstances” are sufficiently shown and it would be in the best interests of the child to be in the custody of her paternal grandfather. Such determination does not, of course, foreclose a later petition by the mother to obtain custody of her child. (Appeal from order of Herkimer County Family Court—child custody.) Present—Marsh, P. J., Cardamone, Dillon, Hancock, Jr., and Witmer, JJ.

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—Order unanimously affirmed, without costs. Memorandum: After finding that the natural parent of an infant child was unfit to care for the child and that it was in the best interests of the child to be in the custody of her paternal grandfather, Family Court ordered custody of the child to the grandfather. "The State may not deprive a parent of the custody of a child absent surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances. If any of such extraordinary circumstances are present, the disposition of custody is influenced or controlled by what is in the best interests of the child” (Matter of Bennett v Jeffreys, 40 NY2d 543, 544; Raysor v Gabbey, 57 AD2d 437, 440). We affirm because a careful review of this record persuades us that such "extraordinary circumstances” are sufficiently shown and it would be in the best interests of the child to be in the custody of her paternal grandfather. Such determination does not, of course, foreclose a later petition by the mother to obtain custody of her child. (Appeal from order of Herkimer County Family Court—child custody.) Present—Marsh, P. J., Cardamone, Dillon, Hancock, Jr., and Witmer, JJ.

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Bluebook (online)

64 A.D.2d 809, 407 N.Y.S.2d 599, 1978 N.Y. App. Div. LEXIS 12655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheppard-v-sheppard-nyappdiv-1978.

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