No. 24-5025

Delbert W. Hargis, Jr. v. Victoria A. Pritty-Pitcher

Lower Court: New York
Docketed: 2024-07-09
Status: Denied
Type: IFP
IFP
Tags: constitutional-law constitutional-rights custody custody-determination due-process due-process-clause-14th-amendment family-law non-parent-custody parental-rights standing
Key Terms:
DueProcess
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Whether the decision of the lower courts, which awarded full custody of a child to a nonparent due to the existence of a strong bond, violates the fundamental rights of a fit parent under the Due Process Clause of the Fourteenth Amendment.(SEE EXHIBIT A)(SEE EXHIBIT B)

2. Whether the standard of "extraordinary circumstances" as applied in Bennett v. Jeffreys , 40 N.Y.2d 543 (1976), which allows non-parents to obtain custody without a finding of parental unfitness, is unconstitutional.

3. Whether the Family Court of New York violated the Due Process Clause of the Fourteenth Amendment by granting visitation and subsequently full custody to a non-parent over the objection of a fit parent.(SEE EXHIBIT A)(SEE EXHIBIT B)

4. Whether the actions of the Family Court of New York are in direct conflict with this Court 's ruling in Troxel v. Granville , which affirms the fundamental right of parents to make decisions concerning the care, custody, and control of their children.(SEE EXHIBIT A)

5. Whether the Family Court's decision to grant custody to an aunt over the biological father, based on the father's his relocation to North Carolina, {violates the father's constitutional rights under the Fourteenth Amendment.(SEE EXHIBIT A)

6. Whether a stipulated finding of neglect, based on insufficient information and used to establish extraordinary circumstances, unlawfully infringes on the father's fundamental parental rights and denies the father due process rights.

7. Whether the legal malpractice of the father's attorney ' in failing to appeal an original order granting visitation to an aunt against the father's wishes ' constitutes a violation of the father's due process rights.(SEE EXHIBIT D)

Question Presented (AI Summary)

Whether the decision of the lower courts, which awarded full custody of a child to a nonparent due to the existence of a strong bond, violates the fundamental rights of a fit parent under the Due Process Clause of the Fourteenth Amendment

Docket Entries

2024-10-07
Petition DENIED.
2024-08-22
DISTRIBUTED for Conference of 9/30/2024.
2024-06-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2024)

Attorneys

Delbert A. Hargis, Jr.
Delbert A. Hargis Jr. — Petitioner
Delbert W. Hargis, Jr.
Delbert W. Hargis Jr. — Petitioner