Legal Opinion

Peake v. Peake

New York Family Court

Decided March 8, 1954PublishedCited by 7 opinions

1Opinion of the CourtPanken, J.

Subdivision 5 of section 101 of the Domestic Relations Court Act reads, “ The step parent of a child is hereby declared legally chargeable with the support of a step child likely to become a public charge provided it is shown to the satisfaction of the court that such step parent had knowledge of the child’s existence at the time of said step parent’s marriage.” The testimony submitted in this case shows clearly that the mother of the child was duly and legally married to the respondent herein; that the respondent knew of the existence of the child at the time he married the mother. The…

2Cases cited2 opinions

  1. Wood v. WoodAppellate Division of the Supreme Court of the State of New York · 1901
  2. Montayre v. MontayreNew York Supreme Court · 1940

3Cited by7 opinions

  1. Clevenger v. ClevengerCalifornia Court of Appeal · 1961
  2. Slochowsky v. LavineNew York Supreme Court · 1973
  3. Eckhardt v. EckhardtAppellate Division of the Supreme Court of the State of New York · 1971
  4. Erie County Board of Social Welfare v. SchneiderNew York Family Court · 1957
  5. Kaiser v. KaiserNew York City Family Court · 1978

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