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Articles Posted in Custody

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Court Decides if Ten Day Notice to Quit is Valid

A New York Family Lawyer said that, by motion dated January 5, 2009, respondent seeks to dismiss the instant proceeding, alleging that she is not a licensee and therefore cannot be evicted in a summary proceeding. Petitioner opposes the motion and, pursuant to CPLR 3212 (b), requests summary judgment and…

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Appellant Unable to Keep Up with Support Obligations Due to Unemployment

In a proceeding pursuant to Family Court Act § 454 to enforce an order of support, appellant appeals from an order of the Family Court, Suffolk County which committed him to the Suffolk County Jail for a term of one month. A New York Family Lawyer said that in a…

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Appellate Court Contends Marital Property Not Properly Divided

The parties were married in June 1973, and had one child, born on 1978. Sometime in 1985, the plaintiff husband moved out of the marital home. The wife cashed the parties’ joint certificate of deposit in the amount of $500. The husband took the parties’ 1984 Mazda pick-up truck, which…

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Court Referee Claims He Cannot Remain Impartial

Respondent was admitted to practice by this court in 1967 and maintains a law office in. By a petition, petitioner, the Committee on Professional Standards, brings two charges of professional misconduct against respondent: (1) making false accusations and assertions against a Family Court hearing examiner in a letter; and (2)…

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In a Divorce Action Couple Deals with Mortgage Payments

In a matrimonial action, the plaintiff wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County, as directed her to delete the last paragraph from a proposed mortgage note and paragraph 20 from a proposed mortgage which were to be executed…

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Mother Applies for Social Services for Unborn Child

Petitioner applied for public assistance and medicaid from the Nassau County Department of Social Services for herself and her unborn child. At the time of the application, she was 20 years old and living separate and apart from her husband and residing in the home of her parents. Without any…

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Child Protective Services Claims Mother Incapable of Guardianship

In this child protective proceeding, a County Social Services/Child Protective Services, seeks adjudication that the subject child is a neglected child within the meaning of FCA (Family Court Advisory). A New York Family Lawyer said that by petition, CPS (Child Protective Services) alleges that the mother has placed the child…

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Father Incarcerated for Failure to Pay Child Support

In a support proceeding pursuant to Family Court Act article 4, the appeal is from an order of the Family Court, Suffolk County, which directed that the appellant be imprisoned for 48 days. By decision and order, the court dismissed the appeal as academic. A New York Family Lawyer said…

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Court Appoints Legal Guardian for Institutionalized Child

The issue presented is whether the trial court properly relieved the complainant’s natural guardian and replaced her with an attorney. A New York Family Lawyer said a two weeks-years-old infant was diagnosed with infantile impetigo. His pediatrician prescribed an antibacterial skin cleanser, to be rubbed into the blisters on the…

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