Legal Opinion

Fuentes v. Board of Education

New York Court of Appeals

Decided April 30, 2009PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

In this certified question case, we are called upon to decide whether a noncustodial parent retains the right to make decisions regarding the child’s education where the divorce decree and custody order are silent on this issue. The pertinent facts of this case are recited below.

Plaintiff Jesus Fuentes and his wife were divorced in 1996. Family Court entered an order granting the wife exclusive custody of the three children, including a son, M.F., who, due to a genetic disorder, was legally blind. M.F. attended public school in New York City and received special…

2Cases cited10 opinions

  1. Weiss v. WeissNew York Court of Appeals · 1981
  2. M.C., by & Through His Parent & Next Friend Mrs. C v. Voluntown Board of EducationCourt of Appeals for the Second Circuit · 2000
  3. Chamberlain v. ChamberlainAppellate Division of the Supreme Court of the State of New York · 2005
  4. Wideman v. WidemanAppellate Division of the Supreme Court of the State of New York · 2007
  5. Stevenot v. StevenotAppellate Division of the Supreme Court of the State of New York · 1987

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Decter v. Second Nature Therapeutic Program, LLCDistrict Court, E.D. New York · 2014
  2. Fuentes v. Board of Education of City of New YorkCourt of Appeals for the Second Circuit · 2009
  3. Mann v. MannAppellate Division of the Supreme Court of the State of New York · 2011
  4. Fuentes v. Board of Education of the City of New YorkCourt of Appeals for the Second Circuit · 2009
  5. Zeichner v. Mamaroneck Union Free School DistrictNew York Supreme Court · 2009

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