S.L. v J.R. NY Slip Op 04442 June 9, 2016 This case discusses whether the Supreme Court made a proper custody ruling without calling for a plenary hearing. SL filed for divorce against JR seeking full custody of the children after 15 years of marriage. The father filed an Order…
New York Family Law Blog
Estrellita v. Jennifer L.D.
This case calls upon the Appellate Court to consider the validity of a rule that was decided 25 years ago, in the Matter of Alison D. (77 NY2d 651 [1991]). In this case, an unmarried same-sex couple questioned the rights of responsibilities of having a child, in light of the…
In re: Gabriella
Slip Op 02376 Gabriella was tried as a person who needed supervision (PINS) and placed on one year’s probation. A juvenile delinquency petition was filed against Gabriella alleging physical abuse by her mother. She appeared in family court based on PINS violations and the court eventually remanded her to a…
Granger v Misercola
Petitioner was an incarcerated in the New York correctional system and has admitted paternity of a child. He started this proceeding to establish visitation with his child after the mother would allow the child to visit their father in prison. The family court granted the petition, awarding periodic short visits…
In Re: T.P. U.P. CP Children Under 18 Years Alleged to be Neglected by Tony G., Respondent
The neglect proceeding was heard pursuant to Article 10 of the Family Court Act. The Respondent has been accused of perpetuating various acts of violence against the children’s mother in front of the children and has been accused of using excessive corporal punishment. R was also accused of being an…
In the Matter of Brooke, Respondent v. Elizabeth A.C.C. Respondent
This case calls on the court to assess the continued fairness of a rule discussed originally in a case known as the Matter of Alison D in Virginia (77 NY 2d 651 [1991]/ Where an unmarried couple has a child, and one partner doesn’t have a biological connection to the…
J.F. v. Superior Court (2016)
No: GO53597 Fourth Dist. Division Three This case is an appeal by the mother of a three-year-old child, and the Social Services Administration (SSA). The mother’s petition for a Writ of Mandate from an order terminating reunification services and setting a Welfare Institutions hearing pursuant to code section 366. Allegations…
New York Court Rules that Parental Eavesdropping on Kids is Legal
People v. Badalamenti NY Slip Op 02556 The highest court in New York has held that parents can legally eavesdrop on their children if they believe that it is in their best interests. This ruling by the New York State Supreme Court established an exception to existing wiretapping without consent…
Appellate Court Holds that Substantive Evidence Required to Prove Neglect Allegation
In Re: T.G. a Minor Allegedly Neglected by P.G. – No. NN-20507/15 This matter came to the court on inquest after the respondent failed to appear on three different occasions. The petition alleges that the respondent neglected her child and failed to provide proper guardianship and supervision. In a child…
Defendant is Charged with Endangered with the Welfare of a Child
The Defendant is charged with Endangering the Welfare of a Child, in violation of Penal Law § 260.10(1), and two counts of Public Lewdness, in violation of Penal Law § 245. It is alleged, in sum and substance, that on March 15, 2008, at approximately 2:10 p.m. and 2:40 p.m.,…