Jones v. Stautz

CourtNew York Domestic Relations Court
Writing for the CourtRUISI
Citation159 N.Y.S.2d 903,5 Misc.2d 185
PartiesRosamond JONES, Custodian, on behalf of Ilse Stautz, Petitioner, v. Alfred STAUTZ, Respondent.
Decision Date28 February 1957

Page 903

159 N.Y.S.2d 903
5 Misc.2d 185
Rosamond JONES, Custodian, on behalf of Ilse Stautz, Petitioner,
v.
Alfred STAUTZ, Respondent.
Domestic Relations Court of City of New York, Family Court
Division, New York County.
Feb. 28, 1957.

Page 904

[5 Misc.2d 186] Peter Campbell Brown, Corporation Counsel of City of New York, New York City (Janet Lewin, New York City, of counsel), for petitioner.

Henry Streisfeld, Rockville Centre, for respondent.

Page 905

RUISI, Justice.

This is an application for an order of support made by Rosamond Jones, custodian of Ilse Stautz, on behalf of Ilse Stautz, a child now 15 years of age, born May 16, 1941, against Alfred Stautz, her stepfather.

For the purpose of these proceedings it has been stipulated that the natural mother of Ilse, one Elfreda (Morano) Stautz, married the respondent, Alfred Stautz, on September 3, 1953, by a civil ceremony in Heidelberg, Germany. That at the time of the said marriage the respondent herein knew of the existence of the said child, and the said child thereafter lived with the respondent and his wife, Elfreda Stautz. On December 8, 1956, the said child, Ilse Stautz, was adjudicated as a neglected child, the said petition being against the respondent, Alfred Stautz, in the Children's Court Division of the Domestic Relations Court of the City of New York. At that time the child was in the household of the respondent. Its mother, Elfreda Stautz, died on November 21, 1956.

The Court of Domestic Relations, Children's Court Division, placed the said child, Ilse Stautz, in the custody of Rosamond Jones, and the said child is now living with the said Rosamond Jones. The natural father of the said child, Peter Beckenbach, was last known to be residing in the City of Heidelberg, Germany. He has not provided for the support of the said child. It is conceded the said child is without means and is liable to become a public charge.

This application is now brought against the stepfather for support.

The respondent moves to dismiss the petition on the ground that his liability for the support of the said child terminated with the death of its mother on November 21, 1956.

At common law a husband was under no obligation to support the children of his wife by a former marriage--Williams v. Hutchinson, 3 N.Y. 312, nor was he under a moral obligation to do so; there being no kinship nor blood relationship. From time to time statutes have been enacted transforming moral obligations so as...

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2 practice notes
  • Kaiser v. Kaiser
    • United States
    • New York Family Court
    • February 14, 1978
    ...the age of twenty-one years." Petitioner cites the cases of Peake v. Peake, 205 Misc. 393, 128 N.Y.S.2d 631, and Jones v. Stautz, 5 Misc.2d 185, 159 N.Y.S.2d 903, in support of her contention that the death of a parent does not conclude the stepparent relationship because death is an a......
  • Erie County Bd. of Social Welfare v. Schneider
    • United States
    • New York Children's Court
    • June 12, 1957
    ...esteemed colleagues Justice Panken (Peake v. Peake, 205 Misc. 393, 128 N.Y.S.2d 631) and Justice Ruisi (Jones v. Stautz, Dom.Rel.Ct., 159 N.Y.S.2d 903), we are of the opinion that in the absence of a clear statutory provision continuing the obligation of the step-parent after the death of e......
2 cases
  • Kaiser v. Kaiser
    • United States
    • New York Family Court
    • February 14, 1978
    ...the age of twenty-one years." Petitioner cites the cases of Peake v. Peake, 205 Misc. 393, 128 N.Y.S.2d 631, and Jones v. Stautz, 5 Misc.2d 185, 159 N.Y.S.2d 903, in support of her contention that the death of a parent does not conclude the stepparent relationship because death is an a......
  • Erie County Bd. of Social Welfare v. Schneider
    • United States
    • New York Children's Court
    • June 12, 1957
    ...esteemed colleagues Justice Panken (Peake v. Peake, 205 Misc. 393, 128 N.Y.S.2d 631) and Justice Ruisi (Jones v. Stautz, Dom.Rel.Ct., 159 N.Y.S.2d 903), we are of the opinion that in the absence of a clear statutory provision continuing the obligation of the step-parent after the death of e......

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