Legal Opinion · Dissent
In re Tumari W.
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 2009Published
1Dissent
Spolzino, J.E,
dissents and votes to affirm the order with the following memorandum, in which Angiolillo, J., concurs: I do not agree that the release of a child to his father requires compliance with the Interstate Compact on the Placement of Children simply because the father has expressed his intention to relocate with the child outside the state. While the mother would be entitled in these circumstances to a hearing to determine whether the relocation is in the best interests of the child (see Matter of Tropea v Tropea 87 NY2d 727 [1996]), the Administration for Children’s Services…
2Cases cited17 opinions
- Bennett v. JeffreysNew York Court of Appeals · 1976
- MATTER OF TROPEA v. TropeaNew York Court of Appeals · 1996
- Bester v. Lake County Office of Family & ChildrenIndiana Supreme Court · 2005
- People ex rel. Kropp v. ShepskyNew York Court of Appeals · 1953
- In re the Adoption of Male Infant L. Christina L.New York Court of Appeals · 1984
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