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Articles Posted in Custody

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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…

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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,…

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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.…

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Court Decides of Release of Firearms Appropriate

This matter has had a convoluted history and presents a legislative “glitch.” A New York Family Lawyer said that during a contested divorce proceeding, the Family Court issued, inter alia, a temporary order of protection dated April 26, 2001. At the time the order was issued, both parties appeared before…

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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…

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