In a custody dispute between a parent and a non-parent, the parent has a superior right to custody that cannot be denied unless the non-parent establishes that the parent has relinquished that right due to surrender, abandonment, persistent neglect, unfitness or other extraordinary circumstances. (Source: 2020 decision, NYS Appellate Division, Second Judicial Department.) Interestingly, this standard came up in a recent court case for Ken Novenstern, Esq., just as it did in a child custody matter he handled back in 1985. He elaborates in this video.
Ken Novenstern is a partner here at Fredman Baken & Novenstern, LLP. With offices in Mount Kisco and White Plains, NY, we provide legal services including divorce, separation, custody related matters, and pre and post nuptial agreements. Learn more at https://fbndivorcelaw.com.
If you have questions regarding child custody or other NY family law related matters, contact Ken Novenstern at (914) 997-9070 or (914) 241-2400. You can also send email or book a consultation through our contact page at https://fbndivorcelaw.com/contact.