Parker v. Stage

371 N.E.2d 513, 43 N.Y.2d 128, 400 N.Y.S.2d 794, 98 A.L.R. 3d 328, 1977 N.Y. LEXIS 2444
CourtNew York Court of Appeals
DecidedNovember 21, 1977
StatusPublished
Cited by59 cases

This text of 371 N.E.2d 513 (Parker v. Stage) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parker v. Stage, 371 N.E.2d 513, 43 N.Y.2d 128, 400 N.Y.S.2d 794, 98 A.L.R. 3d 328, 1977 N.Y. LEXIS 2444 (N.Y. 1977).

Opinion

OPINION OF THE COURT

Wachtler, J.

The question on this appeal is whether the Department of Social Services can compel a father to pay for the support of his 18-year-old daughter after she has left his house, voluntarily and against his wishes, to live with her paramour and have a child. Both the Family Court and the Appellate Division held that, under the circumstances, the father should not be [131]*131obligated to support his daughter even though she is receiving public assistance. The Commissioner of Social Services has appealed to this court by leave of the Appellate Division.

The facts developed at the Family Court hearing were not disputed. Respondent’s daughter was born in September of 1956. Several years later the father and mother were divorced. After the divorce the girl remained in her father’s custody. In early 1974 she informed her cousin that she intended to leave home to live with her paramour and have a child. Although neither she nor her boyfriend were employed, she said that she intended to support herself and her child by seeking public assistance. She did not return to school in the fall of 1974. In October, shortly after her 18th birthday, she left home while her father was at work. Nearly two weeks later he was able to locate her with the assistance of the police.

She returned home and for several months resided with her father, but only intermittently. For long periods of time she would "disappear”. On each occasion her father accepted her back and continued to support her. He contacted her former guidance counselor and arranged for her to return to school. He informed her of this and continuously urged her to resume her schooling but she refused. She also refused to discuss her goals with him. At one point he helped her to obtain a job, but she quit after four weeks. For a time she was in a job training program but she quit that as well. Finally in the spring of 1975 she took up permanent residence with her paramour who was also unemployed.

In the fall of 1975 respondent’s daughter gave birth to a child out of wedlock. She then applied for aid to dependent children and obtained public assistance for her child and for herself, as the mother of an eligible child (Social Services Law, § 349). In February, 1976 the Commissioner of Social Services of Orange County commenced this proceeding in the Family Court to compel the respondent to contribute toward his daughter’s support.

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Bluebook (online)
371 N.E.2d 513, 43 N.Y.2d 128, 400 N.Y.S.2d 794, 98 A.L.R. 3d 328, 1977 N.Y. LEXIS 2444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-stage-ny-1977.