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Articles Posted in New York City

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Petitioners Request for Modification of Child Support Denied

A New York Family Lawyer said that, in proceedings for an upward modification of child support, the petitioner mother appeals from an order of the Family Court, Putnam County, entered August 18, 1992, which denied her objections to an order of the same court, entered July 6, 1992, which dismissed…

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Court Decides if Juvenile is entitled to Habeas Corpus Relief

Upon this Writ of Habeas Corpus, petitioner Elizabeth Stuart Calvert, the Law Guardian of Relator, seeks his release upon the grounds that Family Court Judge improperly adjourned the dispositional hearing beyond the total twenty (20) day period authorized for “good cause” under FCA § 350.1, subd. 5. A New York…

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Complaining Witnesses Seeks to Recant Testimony in Domestic Violence Dispute

The case involves a repetitive issue concerning domestic violence. A New York Family Lawyer said the complaining witness/victim of domestic violence wishes to recant her testimony. The recantations are the product of many imperatives, not all of which serve the interests of the victim or justice. Defendant moved for an…

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Court Questions Jurisdiction of Stay Away Order

A man filed a request for an order granting him a decision prohibiting his opponent from continuing the temporary stay away order of protection against him. The opponent however opposes the application, in its entirety. A New York Family Lawyer said this case started when the man was arrested because…

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Court Decides if Social Services Law is Constitutional

The two appeals before this court, involving two different sets of children, raise questions relating to Social Services Law §§ 384-b(4)(c) and 384-b(6)(a). Because in each case the trial court entertained a different view of the constitutionality of those sections, we have chosen to consolidate these appeals and consider the…

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Court Decides Custody in Light of Molestation Allegations

Two petitions were filed by the Administration for Children’s Services (ACS) in May 2010 on behalf of three-year-old child, and five-year-old daughters of Respondent. The petition on behalf of five-year-old also named the child’s mother, as co-respondent, and the petition on behalf of three-year-old child named her mother, as co-respondent.…

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