Matter of Gabriel v. Morse

Appeal from an order of the Family Court of Albany County (Maney, J.), entered January 12, 2016, which, among other things, in a proceeding pursuant to Family Ct Act article 6, granted petitioner’s motion to withdraw the petition.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the unmarried parents of a son (born in 2008). A 2013 order of custody awarded the mother sole legal and primary physical custody of the child, suspended the father’s visitations and directed the father to submit to a substance abuse evaluation. After completing an in-patient…