Bennett v. Jeffreys
Court of Appeals of New York
356 N.E.2d 277 (1976)
Joanne Bennett (plaintiff) gave birth to Gina at age 15 and placed her immediately in the care of family friend Marie Jeffreys (defendant), who raised Gina and hoped to adopt her. When Gina turned eight, Bennett, then 23 and about to graduate college, petitioned for custody. The family court found Bennett had not abandoned Gina and was not unfit, but still awarded custody to Jeffreys; the appellate court reversed and awarded custody to Bennett, reasoning that Jeffreys could not adopt Gina because Bennett's parental rights had never been terminated and Jeffreys had not pursued adoption. Jeffreys appealed to the Court of Appeals of New York.
Whether a natural mother's prolonged separation from her child, unstable household history, and the child's attachment to a longtime custodian are extraordinary circumstances that a court must weigh, alongside the child's best interests, before returning custody to the natural parent.