MATTER OF W. v. K.


55 A.D.2d 607 (1976)

In the Matter of Barry W., Respondent, v. Barbara K., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 6, 1976


Order affirmed, without costs or disbursements.

Prima facie, the mother of an illegitimate child is entitled to its custody and, when she is a proper and suitable person, the court will award custody to her as against the father, or anyone else. Whenever the question of custody is brought before the court, it acts as parens patriae to do what is in the best interest of the child. The rule which makes the welfare of the child of paramount importance and the...

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