A mother of a boy, now age seven, has been the subject of child protective proceedings since he was ten- weeks-old. The boy is currently placed in foster care as a result of the most recent order of disposition issued by the Court against his mother, the Respondent. A New…
Articles Posted in New York City
Court Determines if Mother is Unfit Parent
On November 8, 2010, ACS (Administration for Children’s Services) filed petitions against a mother alleging that her six children were neglected children pursuant to Family Court Act. At that time, the youngest child was a new-born and the oldest child, was 16 years old. Five of the children were living…
Court Decides Custody Battle
In this visitation/child custody proceeding, the parties resided together as a couple at the time of their daughter’s birth. A New York Family Lawyer said within several weeks, respondent and daughter vacated the home and moved to New Jersey, where respondent filed and obtained the equivalent of a temporary order…
Court Decides Equitable Distribution, Maintenance and Support
Defendant wife is now 52 years of age while plaintiff-husband is 56 years of age. A New York Family Lawyer sometime in August 1973, the parties got married. On the date of their marriage, the husband was 22 years of age and a college graduate while the wife was 18…
Court Discusses Domestic Violence Case
This criminal case involved the violent assault of the plaintiff by an intruder into her apartment, the intruder having made a duplicate key to the apartment after being furnished the original key by the landlord for the purpose of repairs being made in the apartment. A New York Family Lawyer…
Court Discusses Family Court Act
On March 4, 2009, the respondents (mother and her sons) filed three separate family offense petitions seeking the entry of orders of protection in favor of them and against appellant, respondent’s mother, and her sons’ grandmother. A New York Family Lawyer said that, the alleged family offenses included, inter alia,…
Court Decides Constitutionality of Family Law Statute
A New York Family Lawyer said when defendant was arraigned in this court on August 25, 1998, on a single count of aggravated harassment in the second degree, two separate non-family offense orders of protection were issued pursuant to CPL 530.13. Both were full stay-away orders protecting four named individuals.…
Court Hears Domestic Violence Case
In this assault case, the complainant and the defendant dated periodically for a period of time encompassing the past 13 years. A New York Family Lawyer said the instant charge stems when the defendant is alleged to have picked up the complainant, thrown her over a couch, pushed her to…
Court Discusses the “Cycle of Violence”
This case presents the Court with a repetitive issue confronting domestic violence parts in the courts. The complaining witness/victim, of domestic violence now wishes to recant their testimony. The recantations are the product of many imperatives, not all of which serve the interests of the victim or justice. A New…
Domestic Violence Victim Charged with Neglect
In this federal class action, the United States Court of Appeals for the Second Circuit has certified three questions centered on New York’s statutory scheme for child protective proceedings. The action was brought on behalf of mothers and their children who were separated because the mother had suffered domestic violence,…