ALBANY – An upstate appellate panel has rebuked a Family Court judge who took it upon himself to decide that a child has an independent right to maintain relations with his former foster mother over the objections of a fit, biological parent.
The Appellate Division, Third Department, declined last week to decide if Albany County Family Court Judge W. Dennis Duggan was correct in his purported discovery of a constitutional right. Rather, it said Judge Duggan had no business treading in the arena without an invitation. The child expressed some interest in visiting the foster mother, but did not make an application to the court to achieve that.
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