New York court rules family court lacks jurisdiction over same-sex child support

JURIST – Paper Chase: New York court rules family court lacks jurisdiction over same-sex child support

Hat tip to:
Christian Ehret -Author of Jurist Note

[JURIST] A New York state appeals court ruled [opinion text] that a family court does not have jurisdiction over a child support claim against a same-sex partner with no legal or biological ties to the child. In an opinion released Tuesday, the court ruled that a family court of limited jurisdiction has not been specifically authorized to entertain such claims. Although the court cited precedent that recognizes a person who neither fathered nor adopted a child as a parent under an implied contract to support the child and equitable estoppel, the court pointed out that the doctrine of equitable estoppel is only applied in such cases to adjudicate a male as a father of a child and not for determining a child’s mother.

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