New York Court of Appeals

The People of the State of New York ex rel. Margaret M. Kropp, against Joseph Shepsky

July 14, 1953305 N.Y. 465

Summary

The New York Court of Appeals reversed the lower courts and sustained the writ of habeas corpus, awarding custody of the child to the natural mother. The court held that a parent’s fundamental right to custody cannot be denied absent proof of abandonment or unfitness, and that the burden of proof rests on the non‑parent seeking custody.