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 Queens
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…
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…
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…
Mother Seeks to Relocate Child
The parties were married in January 2004, separated about a year and a half later and were divorced on July 13, 2006. They are the parents of a six-year-old boy born on May 17, 2004. A New York Family Lawyer said the stipulation settling the divorce case granted the mother…
Court Overturns Order for Protection
Petitioner filed a family offense petition in wherein she alleged in pertinent part that respondent physically assaulted her on numerous occasions and threatened to shoot her. A New York Family Lawyer said although served with a copy of the summons and petition, respondent did not appear on the return date…
Court Decides if Child Protective Services are Immune from Liability
Plaintiffs are siblings, born on December 29, 1976 and January 16, 1980, respectively. They were removed from the custody of their natural parents in February 1982 after it was determined that the five-year-old child had contracted gonorrhea of the throat. The children were first placed with defendant Society and, after…
Petitioner Moves for a Change in Child Custody
The mother of this child petitioned Supreme Court, Special Term, and upon this basis an order was issued requiring the father to show cause why the infant daughter of the parties should not be returned to the mother’s custody. A New York Family Lawyer said that, on October 2, 1961,…
Plaintiff Claims Fraud, Duress and Undue Influence in Divorce Case
Plaintiff is the daughter of an immigrant with his first wife who had come to the country and prospered greatly. She is physically disabled. A New York Family Lawyer said when she was six months of age, she was a victim of poliomyelitis. She walked in braces for most of…
Respondent Mother Found in Civil Contempt
In this abuse and neglect case, the Administration for Children’s Services (ACS) filed child neglect petitions, pursuant to Family Court Act Article 10, against Respondent Mother in Bronx County Family Court. A New York Family Lawyer said the petitions alleged that a hospital social worker stated that the child, two…