“The chancellor in exercising jurisdiction upon petition does not proceed upon the theory that the petitioner, whether the father or mother, has a cause of action against the other or indeed against anyone.
Interstate Custody Determination
<b><i>The Quest for Uniformity in a Mobile Society</i></b>"The chancellor in exercising jurisdiction upon petition does not proceed upon the theory that the petitioner, whether the father or mother, has a cause of action against the other or indeed against anyone. He acts as parens patrioe to do what is best for the interest of the child. He is to put himself in the position of a 'wise, affectionate and careful parent' and make provision for the child accordingly." <i>Finlay v. Finlay</i>, 240 N.Y. 429 (1925), citing <i>Queen v. Gyngall</i>, 1893, 2 Q.B.D. 232, 238 (Judge Cardozo).
By
Lynne Strober
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