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New York Family Court - Part 4 - § 1042 Effect of Absence of Parent or Other Person Responsible for Care

Legal Research Home > New York Laws > Family Court > New York Family Court - Part 4 - § 1042 Effect of Absence of Parent or Other Person Responsible for Care


Family Court 
 
    §  1042.  Effect  of absence of parent or other person responsible for
  care. If the parent or other person legally responsible for the  child's
  care is not present, the court may proceed to hear a petition under this
  article only if the child is represented by counsel. The parent or other
  person  legally  responsible for the child's care shall be served with a
  copy of the order of  disposition  with  written  notice  of  its  entry
  pursuant  to section one thousand thirty-six of this article. Within one
  year of such service or substituted  service  pursuant  to  section  one
  thousand  thirty-six of this article, the parent or other person legally
  responsible for the child's  care  may  move  to  vacate  the  order  of
  disposition and schedule a rehearing. Such motion shall be granted on an
  affidavit  showing such relationship or responsibility and a meritorious
  defense to the petition, unless the court finds that the parent or other
  person willfully refused to appear at the hearing,  in  which  case  the
  court may deny the motion.
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Last modified: February 16, 2014