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Decisions of Interest

By ALM Staff | Law Journal Newsletters |
July 31, 2007

Adoptive Mother Who Relinquished Custody Must Pay Child Support

The Court of Appeals unanimously affirmed the ruling in Matter of Greene County Department of Social Services v. Ward, 29 AD3d 1039 (2006), in which the Third Department held that a woman who adopted a child and had to later return him to the State because of his unmanageable behaviors was obligated to pay child support, even though a biological mother in the same position would not have been required to do so. Matter of Greene County Department of Social Services v. Ward, ' N.E.2d ”, 2007 WL 1672315, 2007 N.Y. Slip Op. 05131 (N.Y. 6/12/07).

The mother took the subject boy in when he was three years old and kept him for just over two years. At birth, he had tested positive for cocaine and syphilis. While in her custody, he exhibited violent behaviors, including banging his own head, kicking other children and throwing chairs. He injured himself and his mother in the summer of 2003. The child was diagnosed during that time as exhibiting, variously, pervasive development disorder, obsessive-compulsive disorder, autism and cerebral palsy.

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