In this case, the parties were divorced by judgment dated February 13, 2003. The Appellant father appealed from the order of the Supreme Court, Queens County dated August 28, 2009, which granted the Respondent mother’s motion for permission to relocate to North Carolina with the parties’ child. A New York…
Articles Posted in Custody
Father Claims Child is Being Sexually Abused
Each party to these post-judgment proceedings seeks modification of the Judgment of Divorce from joint custody to sole custody. A New York Family Lawyer said the issue in the father’s case is whether the mother’s allegation of sexual abuse of the child involving the father and her request of the…
Young Mother Faces Neglect Charges
A neglect complaint was filed against a 16 years old mother alleging that she left her child with her mother and other unknown individuals without making adequate provisions for her care. There were also allegations of poor hygiene and medical neglect with respect to a serious diaper rash. The 16…
Court Decides that Family Court and Criminal Court have Concurrent Jurisdiction
A woman filed divorce action against her husband on the ground of abuse. A New York Family Lawyer said the Court issued a decree of divorce and gave the custody of their son to the woman. An Order of Protection was made permanent by the Court; the husband was ordered…
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…
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…
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.…
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…
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…
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…