MATTER OF ERICA B.

3748, 3748A.

79 A.D.3d 415 (2010)

912 N.Y.S.2d 195

In the Matter of ERICA B. and Another, Children Alleged to be Neglected. QUENTIN B., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 2, 2010.


The father contends that the court lacked jurisdiction over him because he did not have custody of the children and was barred from contact with them by an order of protection. However, in determining jurisdiction of the Family Court under Family Court Act article 10, the child need not currently be in the care or custody of the respondent, if the court otherwise has jurisdiction over the matter (see Family Ct Act §...

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