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Articles Posted in Divorce

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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…

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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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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…

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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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Court Terminates Respondent’s Parental Rights

First Case: On or about 20 December 2010, a Family Court in Bronx County issued an order which, upon the mother’s default at a combined fact-finding and dispositional hearing, terminated the mother’s parental rights to the subject child upon a finding of permanent neglect, and committed custody and guardianship of…

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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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Plaintiff Contends Husband’s Estate Undervalued in Divorce Proceeding

This is a legal malpractice case being heard in the Supreme Court of the state of New York located in New York County. The plaintiff, SH, is seeking to recover damages against the defendant, LG, for breach of fiduciary duty and legal malpractice. The defendant has moved for an order…

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