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Articles Posted in New York City

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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…

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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.…

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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…

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Court Maintains that Modification of Custody Must Benefit the Child

On 1 September 2009, a Family Court in Kings County issued an order which, after a hearing, in effect, granted the father’s petition to modify a prior custody order of the same court dated 3 August 2004, so as to award him sole legal and physical custody of the subject…

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Court Says to Alter Existing Custody Arrangment there Must be a Change of Material Circumstances

In a matrimonial action in which the parties were divorced by a judgment, the complainant husband appeals from the decision and filed an instant action for a divorce and ancillary relief against his wife. Prior to the entry of the divorce decision, the husband and wife entered into a duly…

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Responded Taken into Custody Child Removed from Home

Respondent is the mother of the two subject children, a boy and a girl. Respondent also has an older daughter, currently a third year student, visits the home on some weekends and during school vacations. A New York Custody Lawyer said that in February 2008, respondent was arrested and the…

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Defendant Contends He Received an Unfair Trial

Upon the notice of motion dated July 2, 2010, defendant moves via his attorney for an order pursuant to Criminal Procedure Law (CPL) sections 440.10(1)(H) and 440.20 to vacate the within conviction and to have his sentence therewith set aside. A New York Family Lawyer said defendant argues that his…

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