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110 Misc. 278

Gross v. Gross

New York Supreme Court

Decided February 15, 1920

New York Supreme Court · decided 1920-02-15

<p>Motion to strike from a judgment of divorce direction requiring defendant to support the children.</p>

Relies on Matter of MacRae

Good law ✅— No negative treatment on recordhow we know

Decided 1920-02-15

How this case has been cited

Cited by 4 later decisions — most recently May 1954

1 federal appellate · 3 state decisions

201920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Cropsey, J.

¶1In a judgment of divorce obtained by the plaintiff the defendant was required to provide for *279the children of the marriage. Later the plaintiff remarried, and these children were legally adopted by her new husband. Now the defendant moves to •strike from the judgment the direction requiring him to support the children. His contention is that their adoption by their stepfather relieved him from all parental duties and responsibility. That is the. provision of the statute. Horn. Rel. Law, § 114. The children could be legally adopted after the divorce without the consent of the defendant. Id. § 111. The whole statute shows that after an adoption the natural parent is no longer deemed to be the parent of the person adopted for any purpose, except that the adopted person may inherit from him. Id. § 114; Matter of MacRae, 189 N. Y. 142, 147, 148; Carpenter v. Buffalo General Electric Co., 213 id. 101.

¶2As the defendant has been relieved by the adoption from all his parental duties and responsibilities, he cannot longer be required to support the children.

¶3Motion granted.

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