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People ex Rel. Schachter v. Kahn

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1934
241 App. Div. 686 (N.Y. App. Div. 1934)

Summary

In People ex rel. Schachter v. Kahn (241 App. Div. 686), a habeas corpus proceeding brought by a maternal grandmother against a father who had the custody of his child, the court held it had no power to grant the petitioner a right of visitation where it appeared that the father was a proper guardian.

Summary of this case from People ex Rel. Marks v. Grenier

Opinion

February, 1934.


Order dismissing writ of habeas corpus and awarding custody of the infant to her father, in so far as appealed from, modified by eliminating the provisions thereof entitling Esther Schachter, the maternal grandmother, to the right of visitation and the right of custody, and the provision that the father shall inform the maternal grandmother of any change in residence of the infant, and as so modified affirmed, without costs. In habeas corpus proceedings brought by a maternal grandmother against the father of a child, in whose custody the child is, the court has no power to grant a right of visitation to a maternal grandmother where it appears that the father is a proper guardian of the child. ( People ex rel. Prior v. Prior, 112 Misc. 208; Matter of McDevitt, 101 id. 588; People ex rel. Klee v. Klee, 202 App. Div. 592.) In People ex rel. Reid v. Cavanagh ( 236 App. Div. 759) the question was not raised and there were suggestions of consent. Lazansky, P.J., Hagarty, Carswell, Scudder and Tompkins, JJ., concur.


Summaries of

People ex Rel. Schachter v. Kahn

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1934
241 App. Div. 686 (N.Y. App. Div. 1934)

In People ex rel. Schachter v. Kahn (241 App. Div. 686), a habeas corpus proceeding brought by a maternal grandmother against a father who had the custody of his child, the court held it had no power to grant the petitioner a right of visitation where it appeared that the father was a proper guardian.

Summary of this case from People ex Rel. Marks v. Grenier
Case details for

People ex Rel. Schachter v. Kahn

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ESTHER SCHACHTER, Respondent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 1, 1934

Citations

241 App. Div. 686 (N.Y. App. Div. 1934)

Citing Cases

People ex Rel. Marks v. Grenier

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