What is the test for establishing that the best interests of the child are not in issue when there is an affirmative allegation as to improper care or prior custodial arrangement?
"New York", United States of America
The following excerpt is from Roland F. v. Brezenoff, 108 Misc.2d 133, 436 N.Y.S.2d 934 (N.Y. Fam. Ct. 1981):
Moreover, the best interests of the child are not in issue without an affirmative allegation as to improper care or prior custodial arrangement. In Bennett v. Jeffreys, the court remarked 40 N.Y.2d at p. 552, footnote 2, 387 N.Y.S.2d 821, 356 N.E.2d 277:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a child need to have total custody or total control of the child when the child is not a partner? (MultiRegion, United States of America)
On what basis have courts issued orders of visitation for a child, despite the child's expressed desire not to visit with the non-custodial parent? ("New York", United States of America)
Does the Minister have the authority to transfer a child from a child to a child? (Canada (Federal), Canada)
When a warrant is issued for a search in the night is silent on the issue of night searches, can the issuing officer be persuaded to authorize a nighttime search? (MultiRegion, United States of America)
What is the test for establishing that there is clear established Federal law governing the meaning of the word "clearly established federal law"? (MultiRegion, United States of America)
Does a conviction under California Penal Code 273a(a) constitute a conviction for "a crime of child abuse, child neglect or child abandonment"? (MultiRegion, United States of America)
Can a plaintiff bring a claim against the Department of Health and Social Services under Section 1983 of the Child Protection Act to expunge her name from a registry of alleged child abusers? (MultiRegion, United States of America)
Is a passport issued by the issuing of a passport in a foreign country conferred nationality on the person to whom it was issued? (Canada (Federal), Canada)
How has the court treated the issue of improper assistance of counsel at a hearing where the issue was fully litigated? (MultiRegion, United States of America)
What is the burden of proof when a defendant neither affirms nor denies an alleged prior conviction? (MultiRegion, United States of America)
