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· 4/7/2022

Ironwoods Troy, LLC v. Optigolf Troy, LLC

Citations

  • 204 A.D.3d 1130
  • 166 N.Y.S.3d 730
  • 2022 NY Slip Op 02323

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “the central judgment” concerns whether parent “has the capacity to act as a fit parent”
  • bond between child and foster parent “is a factor that has weight in the ultimate balance”
  • “compelled absence ... by reason of incarceration [does not conclusively render a parent unfit, but may be] taken into account” in determining parental unfitness
  • judge found that removal of child from adoptive parents, with whom she had lived since shortly after birth, would place child at serious psychological risk
  • evidentiary hearing not mandated in every instance, especially when change of circumstance is insufficient to grant new trial
  • “Fitness to act as a parent, in statutory and decisional context, involves inquiry not only into the capacity of the biological parent but into the best interests of the child”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.