Can Children Sue Their Stepparents in Family Court?

During the process of his father’s divorce proceeding, Michael Arnold brought a family offense petition in Suffolk County Family Court against his stepmother alleging she had committed harassment against him. Specifically, Mr. Arnold alleged that his stepmother had told people he was stealing from her and was threatening to ruin his life and career. The Family Court dismissed Mr. Arnold’s petition, holding that because there was no family relationship between Mr. Arnold and his stepmother, the Family Court did not have the authority to hear the case.

For those who are unfamiliar with this concept, jurisdiction is the authority of the court to hear a case and enter a valid, enforceable judgment. If a court’s jurisdiction cannot be established, the court will not be able to preside over the case.  Family Court is a court of limited jurisdiction; in order for the Family Court to preside over a family offense proceeding, there must be criminal conduct “between spouses or former spouses, or between parent and child or between members of the same family or household.”

Mr. Arnold appealed to the Second Department. In a recent decision, the court agreed with Mr. Arnold and reversed the Family Court’s decision. The court noted that the Family Court Act defines “members of the same family or household” to include “persons related by consanguinity or affinity”. Consanguinity is a blood relationship, whereas affinity is the relationship, formed by marriage, that one spouse has to the blood relatives of the other spouse.

Taking this into consideration, the court reasoned that while the spouses remain married, a stepchild is related by affinity to a stepparent, and thus the Family Court has jurisdiction over a family offense petition brought by a stepchild against a stepparent. As applied to the case at hand, because Mr. Arnold’s father and his stepmother were still married, the stepparent/stepchild relationship was sufficient to afford Family Court the authority to hear his case.

Are you considering filing an action in Family Court or Supreme Court? Are you confused about which court you need to file in or the appropriate steps you need to take to get your matter resolved? If you need help properly addressing all of your issues and concerns, and would like to speak to a respected and experienced Long Island Matrimonial, Divorce, and Family Attorney, contact the offices of Jay D. Raxenberg. Call (516) 491-0565 or toll free at (888) 543-4867.