The appellant in this case has filed an appeal for final paternity judgment. The court was tasked to determine whether the trial court was mistaking in ordering retroactive child support to the child from beginning on the day he was born. The appellant has cited the statute of limitations to…
Articles Posted in Queens
Court Rules on Domestive Violence Case
A father filed two motions with respect to the termination of his parental rights. Among other things, the father argued that relevant provisions of family laws, which sets out the requirements for an unwed father to have veto rights over his child’s adoption, is constitutionally infirm because it denies him…
Court Rules on Order for Protection for Abusive Husband
The case involves an appeal questioning whether the Family Court, having found that a victim of domestic violence who has fled the marital home for her safety is entitled to an order of protection, should also have provided a remedy that could restore the victim to her home and exclude…
Husband Seeks Divorce for Wife’s Smoking Habits
A husband filed a petition seeking an order of protection against his spouse, based upon the sole ground that she smokes cigarettes in the presence of himself and the children, causing harm to them. A New York Family Lawyer said that the records of the case showed that the wife…
Court Rules on Complex Order for Protection Case
The parties were married on 1992 and on 2005, the Mother filed for divorce. The couple resolved the issues arising from their marriage and agreed to joint custody of the two subject children, a daughter age 12 and a son age 14. The children would have visitation with each parent…
Court Rules on Jurisictional Issue with Order for Protection
On December 29, 2003, the petitioner Mother filed an immediate Family Offense petition with the New York Court, which conformed to the provisions of the Family Court Act. The petitioner requested and was granted a Temporary Order of Protection, which granted temporary child custody to the Mother. The Court, based…
Court Issues Order of Protection for Alleged Abusive Parent
In November 1998, a review of the documents of the Dominican proceedings confirms that the mother and father separated. At that time, the father consented to the terms of an order of protection, agreeing to refrain from assaulting the mother verbally or physically, and to vacate the family home until…
Court Rules on Order for Protection
The family court in this cased was tasked to decide whether or not it has the right to issue an order of protection against the father of the children who allegedly abused his minor sister-in-law. According to a New York Family Lawyer on behalf of the abused child, the social…
Court Decides Adoption Case
This family court will decide on the adoption of a child. The biological father has requested the court to dismiss the adoption hearing. The father also wants to move the entire proceeding to the family court. The petitioner, who is the would-be adoptive father, challenged the motion to dismiss with…
Ex-husband Found in Violation of Order for Protection
In 2001 and Bronx County Criminal Court issued a three-year order of protection in favor of a woman and her child and against her ex-husband. In 2002, the Administration for Children’s Services (ACS) filed a neglect proceeding against the ex-husband. ACS alleged that the ex-husband had not been supporting his…