The law is clear that there shall be no prima facie right to the custody of a child in either parent (Domestic Relations Law, §§ 70, 240). There is an indication in Special Term's decision that outdated principles of "maternal superiority" may have influenced its determination in awarding custody of the child to the plaintiff. Clearly, this portion of Special Term's judgment cannot be sustained upon those principles. However, Special Term also stated in its decision...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
