In this family case, the parties were married in August 1973. The wife is presently 52 years of age and the husband is presently 56 years of age. On the date of their marriage, plaintiff was 22 years of age and a college graduate. Defendant was then 18 years of…
New York Family Law Blog
Spouses Battle for Custody of Infant Child in Protective Care
The petitioner spouses filed a custody petition for a baby on April 26, 2004. Named as respondents are the unidentified birth parents, and the Children’s Services. The latter has had temporary custody of the baby since March 1st when a neglect petition was filed against the parents, alleging that the…
Father Seeks Specifics on Custody Order
The petitioner and respondent are the parents of a nine (9) year old child. The parties obtained a judgment of divorce in New Jersey on June 13, 2003 and, on consent, were awarded an order of joint legal custody for the child. The father filed a violation petition and a…
Court Decides if Attorney Should be Removed from Case
A notice of Motion/Order to Show Cause/ Petition/Cross Motion and This court is called upon to determine (1) whether the attorney for the defendant’s application to be relieved as attorney of record should be granted; (2) if the defendant’s applications brought pro se while still represented by counsel are properly…
Mother Revokes her Consent to Adoption
The mother of the infant in this adoption proceeding commenced a writ of habeas corpus in Nassau County Supreme Court by a petition dated May 10, 1976 and returnable May 26, 1976. The Supreme Court, on the consent of all parties, treated the habeas corpus as an application by the…
Court Grants Father’s Petition to Modify an Order for Visitation
In a related visitation proceedings pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Nassau County, dated November 30, 2012, as, after a hearing, in effect, granted his petition to modify an order of…
Court Rules on Supplemental Needs Trust for Petitioners Son
This is an APPEAL by nonparty Commissioner, New York State Department of Health, in a proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Health dated June 7, 2006, made after an administrative fair hearing, that so much of the income of…
Court Rules on Family Court Act 304 Regarding Detaining Juveniles
In a proceeding pursuant to CPLR article 78 to review a determination of the Director of Employee Relations of the Office of Court Administration, dated July 16, 1984, which denied the petitioners’ out-of-title work grievance, and in which the petitioners also sought declaratory relief, the petitioners appeal from a judgment…
Court Discusses Religious Preferences in Case
This action is based on allegations that the autopsy performed on the body of claimant’s son and a State prison inmate at the time of his death, was performed in violation of Public Health Law § 4210-c, a statute protecting those who have religious objections to autopsy or dissection. Defendant…
Husband Charged with Harrassment of His Wife
The defendant has been charged with several violations of the Penal Law in that he engaged in a course of conduct whereby he did harass, threaten and endanger his wife’s life. The complainant wife pursuant to Section 812 of the Family Court Act as amended L.1977, c. 499, Sec. 1,…