Glen L.S. v. Deborah A.S.
Cases that cite this one
20 later published cases cite this decision.
- Gansky v. Gansky (Appellate Division of the Supreme Court of New York 2013)
- Gansky v. Gansky (Appellate Division of the Supreme Court of New York 2013)
- Jurgielewicz v. Johnston (Appellate Division of the Supreme Court of New York 2014)
- Jurgielewicz v. Johnston (Appellate Division of the Supreme Court of New York 2014)
- Barlow v. Barlow (Appellate Division of the Supreme Court of New York 2013)
- Barlow v. Barlow (Appellate Division of the Supreme Court of New York 2013)
- Matter of Shisgal v. Abels (Appellate Division of the Supreme Court of New York 2020)
- Matter of Basile v. Wiggs (Appellate Division of the Supreme Court of New York 2017)
- Matter of Malloy v. O'Gorman (Appellate Division of the Supreme Court of New York 2016)
- Matter of Pontillo v. Pearce (Appellate Division of the Supreme Court of New York 2026)
- Matter of Langenhahn v. Langenhahn (Appellate Division of the Supreme Court of New York 2025)
- Matter of Thomas GG. v. Bonnie Jean HH. (Appellate Division of the Supreme Court of New York 2020)
- Werner v. Werner (Appellate Division of the Supreme Court of New York 2017)
- Matter of Brinskelle v. Widman (Appellate Division of the Supreme Court of New York 2016)
- Matter of Hezi v. Hezi (Appellate Division of the Supreme Court of New York 2016)
- Matter of Lew v. Sobel (Appellate Division of the Supreme Court of New York 2014)
- Grucci v. Villanti (Appellate Division of the Supreme Court of New York 2013)
- Grucci v. Villanti (Appellate Division of the Supreme Court of New York 2013)
- Schulman v. Schulman (Appellate Division of the Supreme Court of New York 2012)
- Schulman v. Schulman (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Although the Family Court is in the best position to assess the credibility of the witnesses (see Matter of Commissioner of Social Servs. v Jones-Gamble, 227 AD2d 618, 619 [1996]), here, there is an insufficient basis in the record to support the Family Court’s determination that the parties’ son unjustifiably refused contact and visitation with his father.
The testimony elicited at the hearing established the father’s claim that his son chose not to speak with him on the telephone and did not return his text messages following an altercation between the two in February 2008. However, the evidence also revealed that the altercation between the two prompted the son to state that “he wanted to commit suicide” and resulted in therapeutic intervention. Based on these mental health concerns, the son, via his mother, requested that the father not contact him so that he could “sort out” the issues, indicating a temporary reluctance on the son’s part to contact the father.
The totality of the father’s efforts to establish a relationship with his son, over a period of several months, cannot be deemed a serious effort that was in turn egregiously rejected by the son. “A child’s reluctance to see a parent is not abandonment, relieving the parent of any support obligation” (Radin v Radin, 209 AD2d 396, 396 [1994]; see Matter of Turnow v Stabile, 84 AD3d 1385 [2011]; Matter of Dewitt v Giampietro, 66 AD3d 773 [2009] ). Rather, the doctrine of constructive emancipation is applicable to situations where the child refuses to submit to the authority and control of the noncustodial paying parent or “actively abandons the noncustodial parent by refusing all contact and visitation” (Matter of Alice C. v Bernard G.C., 193 AD2d at 109; see Cohen v Schnepf, 94 AD2d 783 [1983]).
A review of the facts here shows that the father contributed to the deterioration of his relationship with his son (see Kordes v Kordes, 70 AD3d 782 [2010]; Matter of Alice C. v Bernard G.C., 193 AD2d 97 [1993]). Indeed, the record demonstrates that the father’s own behavior was the parallel and coequal cause of the deterioration in the relationship. Accordingly, the father failed to meet his burden of establishing that his son was constructively emancipated (see Matter of Turnow v Stabile, 84 AD3d 1385 [2011]; Matter of Burr v Fellner, 73 AD3d 1041 [2010] ; Matter of Dewitt v Giampietro, 66 AD3d 773 [2009]; Radin v Radin, 209 AD2d 396 [1994]).
The mother’s remaining contentions either are without merit or need not be addressed in light of our determination. Florio, J.E, Dickerson, Chambers and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.