Matter of Lopez v. Rodriguez

Summary

The Appellate Division, Second Department, reversed the Family Court's sua sponte dismissal of the mother's custody petition for failure to submit an acknowledgment of paternity. The court held that the Family Court had authority to determine paternity in the custody proceeding and remitted the matter for a hearing and a new determination on the merits.

Holdings

1. The mother's failure to produce the acknowledgment of paternity did not deprive the Family Court of the power to render a child custody determination. The Family Court had authority to make an order of filiation declaring the child's paternity in the custody proceeding.
2. The Family Court should not have sua sponte dismissed the petition without conducting a hearing or considering the best interests of the child.

Questions Presented

1. Whether the Family Court lacked authority to determine custody because the mother failed to submit an acknowledgment of paternity.
2. Whether the Family Court improperly dismissed the custody petition sua sponte without conducting a hearing or considering the child's best interests.

Disposition

reversed_and_remanded