Roe v. Doe

In Roe v. Doe, 29 NY2d 188, 193, 272 N.E.2d 567, 324 N.Y.S.2d 71 (1971), the court found "that where by no fault on the parent's part, a child voluntarily abandons the parent's home for the purpose of seeking its fortune in the world or to avoid parental discipline and restraint [that child] forfeits the claim to support.'" Id. Courts have further extended this doctrine to situations where the child remains under the authority of the custodial parent, but refuses to submit to the authority and control of the non-custodial paying parent. See Cohen v. Schnepf, 94 AD2d 783, 463 N.Y.S.2d 29 (2d Dept 1983). However, where it is the parent who bears substantial responsibility for the breakdown of the relationship and communication with the child, the support obligation may not be vacated. See Lipsky v. Lipsky, 115 AD2d 361, 496 N.Y.S.2d 4 (1st Dept 1985).