On or about 10 June 2003, an action was filed seeking divorce on the ground of cruel and inhuman treatment, and ancillary relief. On 23 December 2003, both parties’ applications for temporary custody were denied and an injunction was issued prohibiting either party from taking the children out of the…
Articles Posted in Custody
Court Decides if Natural Parents Should be Divested of Custody
This consolidated-proceeding before the court is somewhat complex procedural posture. A New York Family Lawyer said there are three separate matters: a petition filed by New York Foundling Hospital (hereafter “the agency”) pursuant to Section 384-b of the Social Services Law (“SSL”) seeking termination of parental rights and a transfer…
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…
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…
Couples Battle for Custody in Light of Abuse Allegations
On 17 July 1997, plaintiff (husband) and defendant (wife) got married. The parties had two children: A who was born on 19 December 2002, and B who was born on 15 December 2004. On 30 June 2005, a matrimonial action was filed by plaintiff. The Court conducted a non-jury trial…
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…
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…
Court Decides Adoption Case
The Court adjudicated the child as neglected child in a 59-page written decision outlining the history of the neglect case as well as the dispositional orders issued by the Court on the same date. A New York Family Lawyer said at that point, the child had been in care. The…
Wife Seeks Dissolution Based on Cruel and Inhuman Punishment
The husband, age 59 at the time of trial, first came to the United States. He became a member of the Excavators Union. While he was in Italy for approximately eight months, he married his defendant wife. A New York Family Lawyer said they moved into a four room house…
Probation Revoked for Juvenile Delinquent
A petition was filed against a 15 year old boy alleging that he is a juvenile delinquent. A New York Family Lawyer said the petition alleged that the boy committed acts which, were he an adult, would constitute the crime of criminal possession of a weapon, criminal mischief, and reckless…