Bennett v. Marrow
Supreme Court of New York
399 N.Y.S.2d 697 (1977)
Joanne Bennett (plaintiff) gave birth to Gina at 15 and placed her with family friend Marie Jeffreys Marrow (defendant), who raised her and hoped to adopt. After earlier appellate proceedings sent the case back for a new hearing, the trial court held a four-week hearing with 26 witnesses; testimony showed Gina's time with Bennett had harmed her emotional and psychological development, that Gina had thrived with Marrow, that Gina preferred living with Marrow, and that a psychiatrist found a genuine parent-child bond between Gina and Marrow whose disruption would endanger Gina's development. The trial court awarded custody to Marrow, and Bennett appealed.
Whether a trial court may award custody of a child to a non-parent over a fit natural parent's objection based on the totality of the evidence showing the non-parent's custody better serves the child's best interests.