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Articles Posted in New York City

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Court Decides if Puerto Rican Custody Order can be Upheld in New York

A Puerto Rican couple married while they were citizens and residents of Puerto Rico. They had one son. The marriage was acrimonious. A New York Family Lawyer said the husband physically abused the wife and threatened her life. He threw out the woman from their conjugal home. The woman escaped…

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Court Discusses Whether Plaintiff Sufficiently Stated a Cause of Action

Prior to the incident, infant plaintiff’s father was known to the defendant’s police officers at the 43rd Precinct, having previously been arrested by them approximately six times for drunkenness, abusive and physical assault upon his family. In July, 1975 he assaulted his wife with a knife, inflicting lacerations which required…

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Court Decides Visitation Rights of Incarcerated Parents

The children in question were placed in petitioner’s foster care. A New York Family Lawyer said the birth mother’s drug use was the catalyst for the placement. Her whereabouts are unknown and she was not present at any of the Family Court proceedings. Respondent is the father of the children.…

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Court Discusses Concept of Permanent Neglect

This is an appeal from an order of the Family Court, New York County, dismissing a petition brought by petitioner Hospital seeking (1) termination of the parental rights of respondent mother; (2) custody of the subject child; and (3) a declaration that the child was free for adoption, pursuant to…

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Court Decides Whether to Terminate Parental Rights

The natural parents, never married but lived together from 1967 to 1974, during which time three children were born. In August 1974, after many earlier criminal convictions, the natural father was convicted on drug charges and sentenced to prison for a two-year-to life sentence.A New York Family Lawyer said in…

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Respondent Claims Due Process Rights Were Violated

In this custody proceeding, a New York Family Lawyer said that, the Family Court, Bronx, awarded petitioner mother sole physical and legal custody of the parties’ child dismissed respondent father’s petitions based on violations of temporary orders of visitation, denied respondent’s second motion to dismiss the child custody petition, and…

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Court Maintains that Modification of Custody Must Benefit the Child

On 1 September 2009, a Family Court in Kings County issued an order which, after a hearing, in effect, granted the father’s petition to modify a prior custody order of the same court dated 3 August 2004, so as to award him sole legal and physical custody of the subject…

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Court Says to Alter Existing Custody Arrangment there Must be a Change of Material Circumstances

In a matrimonial action in which the parties were divorced by a judgment, the complainant husband appeals from the decision and filed an instant action for a divorce and ancillary relief against his wife. Prior to the entry of the divorce decision, the husband and wife entered into a duly…

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