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Matter of Diane v. Arnold

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1992
187 A.D.2d 425 (N.Y. App. Div. 1992)

Opinion

November 2, 1992

Appeal from the Family Court, Queens County (Ambrosio, J.).


Ordered that the order is affirmed, without costs or disbursements.

The 16-year-old petitioner commenced this proceeding pursuant to Family Court Act § 651, seeking court-ordered visitation with her adjudicated natural father, who has had no contact with her. The Family Court dismissed the proceeding, concluding that a father cannot be compelled to visit his child. We agree. Although the Family Court is vested with subject matter jurisdiction to determine "proceedings brought by petition and order to show cause, for the determination of the custody or visitation of minors" (Family Ct Act § 651 [b]), no statutory authority in this State permits a court to require an adjudicated father, against his will, to visit and establish a parental relationship with his child. While a parent can be compelled to support his or her child (see, Family Ct Act § 413), a parent cannot be compelled "to care for and love and visit with the child" (Louden v Olpin, 118 Cal.App.3d 565, 568, 173 Cal.Rptr. 447, 449, cert denied 454 U.S. 1055). Accordingly, the petition was properly dismissed. Thompson, J.P., Lawrence, Eiber and O'Brien, JJ., concur.


Summaries of

Matter of Diane v. Arnold

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1992
187 A.D.2d 425 (N.Y. App. Div. 1992)
Case details for

Matter of Diane v. Arnold

Case Details

Full title:In the Matter of JENNIFER DIANE D., Appellant, v. ARNOLD D., Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 2, 1992

Citations

187 A.D.2d 425 (N.Y. App. Div. 1992)