In the Matter of Leif Z.

431 N.Y.S.2d 290 (1980)

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In the Matter of Leif Z.

New York Family Court
431 N.Y.S.2d 290 (1980)

Facts

When the parents of the minor Leif Z. (defendant) divorced, he lived with his mother and visited his father (plaintiff) regularly. However, when Leif’s father remarried, his new wife made it clear to Leif that he was not welcome at her house even for short visits with his father. Leif had not said or done anything to provoke this attitude. The stepmother did not have any love in her heart for Leif and told the child so. Unfortunately, Leif’s mother fell ill and could no longer take care of him, so Leif was sent to live with his father. Leif was given a curfew, which he observed. Leif’s stepmother was cruel toward him. The stepmother made an expletive-laden comment to Leif’s father to get Leif out of the house and told the father he had to choose between Leif and her. Once, after an argument, Leif’s stepmother, who weighed twice as much as Leif did, jumped on Leif’s back and knocked him down. Leif enjoyed playing the guitar and singing, but his stepmother mocked the way he sounded One day, Leif’s stepmother even called his mother, who had since died, a whore. Leif began crying and picked up a knife. Leif did not make any gesture or movement toward his stepmother and willingly gave the knife to his father. The police were called. Leif explained how he had been upset by his stepmother’s comment about his mother. Surprisingly, Leif’s stepmother repeated the insult. Leif’s father filed a petition to have Leif adjudged a person in need of supervision (PINS), a status for children who are incorrigible and unable to be controlled by their parents. The petition cited threatening Leif’s stepmother with a knife and refusing to obey her reasonable orders. At the end of a hearing to establish the facts, a legal guardian filed a motion asking the court to substitute a neglect finding for the petition seeking to classify Leif as a PINS.

Rule of Law

Issue

Holding and Reasoning (Leddy, J.)

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