Legal Opinion

Hope B. v. Avery G.

New York City Family Court

Decided January 8, 2016Published

1Opinion of the Court

OPINION OF THE COURT

Carol Goldstein, J.

The parents of a child, now about one year old, jointly sought an order of custody to the mother, with whom the child is living, and the voluntary surrender and the termination of the father’s parental rights. The father has never seen the child and he claims that he has fulfilled his financial obligation to the child by his prepayment of $150,000 of child support. After an analysis of the relevant statutes and case law, the court finds that the Family Court has no authority to grant termination of parental rights in this type of private litigation and…

2Cases cited8 opinions

  1. Bennett v. JeffreysNew York Court of Appeals · 1976
  2. Brescia v. FittsNew York Court of Appeals · 1982
  3. Matter of JacobNew York Court of Appeals · 1995
  4. Borkowski v. BorkowskiAppellate Division of the Supreme Court of the State of New York · 1972
  5. CLARA C. v. William L.New York Court of Appeals · 2001

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