MATTER OF ELISHA W-B. v. AIDAN W.

4404.

152 A.D.3d 409 (2017)

2017 NY Slip Op 05504

54 N.Y.S.3d 852

In the Matter of ELISHA W-B., Respondent, v. AIDAN W., Appellant, et al., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 6, 2017.


The court properly found that respondent father's presumptive entitlement to the custody of his son was overcome by petitioner's showing of extraordinary circumstances based upon the facts that the father had never assumed a primary parental role in the child's life, had not obtained adequate housing even though the matter was pending for about one year and had failed to contribute support for his son, and the child was afraid of him (see Matter of Jessica Marie C. [Anthony...

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