A New York Family Lawyer said that, on or about July 5, 2007, the Nassau County Department of Social Services (hereinafter “DSS”) filed petitions against the respondent, seeking the removal of her two children. On the same date, the respondent filed petitions seeking the return of her sons pursuant to…
Articles Posted in Custody
Court Decides on on New Job for Family Court Hearing
A New York Family Lawyer said that, in a custody proceeding pursuant to Family Court Act article 6, and a related habeas corpus proceeding, the attorney for the children appeals (1), by permission, from an order of the Family Court, Kings County, dated May 3, 2010, which, without a hearing,…
Court Rules on Mother’s Motion for Attorney Fees
A New York Family Lawyer said in a child support proceeding, a father appeals from an order of the court, which denied his objection and granted the mother’s motion for an award of an attorney’s fee. Subsequently, the court ordered to reverse the previous decision, on the law, without costs…
Court Decides Juvenile Delinquency Proceeding
New York Family Lawyer said in this juvenile delinquency proceeding, a boy moves to preclude the presentment agency from offering identification evidence at the fact-finding hearing on the ground that it failed to provide timely and adequate notice of its intention to do so as required. A boy was charged…
Court Rules on Huntley Hearing
It is reasonable for a patient to seek the independent advice of two experts before embarking on a course of treatment. Two experts may evaluate the same data and may arrive at different conclusions. But it is illogical for a patient to seek a second opinion immediately thereafter from the…
Court Discusses Housing for the Homeless
A New York Family Lawyer said on this appeal the Appellate Court is asked to review the sufficiency of the New York City Board of Estimate’s compliance with environmental review procedures in implementing a plan to construct 11 transitional residence facilities in various locations throughout the city to house an…
Family Court Reviews Jurisdiction Issue
A New York Family Lawyer said that before the Court in this child support proceeding is Respondent’s motion to dismiss the petition, pursuant to Rule 3211(a)(5) of the C.P.L.R., on the ground of res judicata in that Petitioner’s application for the relief she seeks herein was previously denied by…
Court Reviews Regarding Social Services Benefits
A New York Family Lawyer said that, in this proceeding filed pursuant to Family Court Act (FCA) Article 3, the New York City Commissioner of Social Services (CSS) seeks to vacate an order of disposition of June 17, 1996 which placed the respondent with CSS following an adjudication of the…
Court Discusses Use of Forensic Evidence in Custody Dispute
In this Custody action, the issue involved is of import not only because it appears to lack any precedent, but even more so, because it goes to the very heart of the present and future effectiveness of the forensic and probation referral procedure utilized by the Nassau County Supreme Court…
Court Decides Guardianship Hearing
A New York Family Lawyer said that, a petition has been filed for the appointment of a guardian of the person and property of an alleged incapacitated person (hereinafter known as “the person”). This Court is satisfied that the person was served with the order to show cause and petition…