People ex rel. Olivo v. Foglio
Opinion of the Court
Judgment, Supreme Court, New York County, entered on February 17, 1976, awarding custody of respondent’s child, in a habeas corpus proceeding, to petitioner, unanimously affirmed, without costs and without disbursements. The stay of the operative provisions of the judgment granted by order entered on March 1, 1976 and continued by order entered on March 16, 1976 is vacated. Petitioner is the maternal aunt of the child whose custody is in issue. Respondent is the natural mother. Respondent gave birth to the child, out of wedlock, when she was a 16-year-old narcotics addict supporting her $100 a day habit as a prostitute. In September, 1969, respondent left her child with a baby sitter while she was out "working”. When respondent failed to return for a day or so the baby sitter contacted respondent’s mother and sister, the petitioner herein. Petitioner took custody of the child and raised him until 1974, when respondent seized the child during the pendency of an adoption proceeding instituted by petitioner in Puerto Rico. The instant proceeding was brought by petitioner to regain custody of the child. Although the record discloses that respondent attempted to see her son during the first three years of his life, she concededly made no effort to regain custody; since she was admittedly not yet "ready” for him. Now, having
Case-law data current through December 31, 2025. Source: CourtListener bulk data.