Guardianship in New York involves a legal arrangement where someone, known as a guardian, is appointed to make decisions on behalf of an individual who is unable to make decisions independently. This often arises in situations where the person, called the ward, faces challenges due to age, disability, or other…
In custody issues involving multiple states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs jurisdictional determinations. The UCCJEA establishes guidelines for determining which state’s court has jurisdiction over the custody matter. Typically, the “home state” where the child has lived for a significant period holds jurisdiction. If a…
Neglect, as defined under Article 10 of the Family Court Act, refers to a failure to provide proper care for a child. This can include a lack of food, clothing, shelter, medical care, education, or supervision necessary for the child’s well-being. Neglect can also involve exposing a child to conditions…
Article 10 of the Family Court Act in New York addresses issues related to child abuse and neglect, including the use of corporal punishment. Corporal punishment, defined as the use of physical force against a child for the purpose of discipline, is a contentious issue. Under Article 10, the definition…
Terminating parental rights in New York means legally severing the relationship between a parent and their child. This action is taken when it’s determined that the parent is unable or unwilling to provide a safe and stable environment for the child. Once parental rights are terminated, the parent no longer…
According to DRL §111, consent from a parent is typically required for adoption in New York State. This applies to both parents unless specific circumstances exist. Consent is deemed necessary unless a parent’s rights have been legally terminated or if the parent has abandoned the child. In cases where a…
In the context of the Family Court Act Article 10, neglect refers to the failure of a caregiver, typically a parent or guardian, to provide adequate care, supervision, or support for a child’s well-being. This includes the failure to provide essential needs such as food, clothing, shelter, medical care, education,…
A Lincoln hearing, named after a court case, is a process where the judge interviews a child privately to understand their preferences regarding custody or visitation. The purpose is to consider the child’s viewpoint without parental influence when making decisions about their welfare. The hearing allows the judge to gather…
The case of Movsovich v. Wood, a Family Court Act article 4 proceeding, addresses issues related to child support enforcement. The respondent appeals a decision that addressed the willful violation of a child support order and its consequences. In New York, prima facie evidence of a willful violation of a…
What happens to parental rights when a parent is incarcerated in New York state. Generally, parents retain their parental rights, including the right to visitation. However, the caveat, is that every decision that a New York court makes with respects to children is guided by what is deemed to be…