Request for Withdrawal Infant's Funds in New York

It is well established that it is the parent's obligation to support infants, and monies on deposit should not be withdrawn from infant accounts even for the infant's necessaries. Matter of Stackpole, 9 Misc.2d 922, 926 (Municipal court of City of New York, Queens County 1957). In Stackpole, the Court noted that "the unusual reason given for withdrawing infant's funds is the lack of income in the family and although it may seem logical for a father to use the fund, as he knows the money is there and the cause seems proper." it is a mistaken kindness to the infant to hand over these funds to the parents and upon majority to hand over to the infant merely a bunch of receipts for the dissipated fortune." Matter of Stackpole, 9 Misc.2d at 926. Under SCPA 1713, the court has a statutory duty to protect and preserve the infants' funds and is required to determine whether the withdrawal, will further the infant's support, maintenance, or education. In re Heyliger v. Wright, 125 Misc. 2d 915 (Sur. Ct. 1984). In considering requests for withdrawal of funds that are the property of infants, the court is limited to authorizing reasonable, proper and just withdrawals under the circumstances, and any if needed for necessities or education of the infant "that cannot otherwise be met by a person responsible for the infant's support." SCPA 1713; Matter of Darlene, 96 Misc.2d 952 (Sur. Ct. 1978).