Articles Posted in Brooklyn

A New York Family Lawyer said in a custody and visitation proceeding, the father appeals, as limited by his brief, from so much of an order of the Family Court, Kings County, as, after a hearing, granted those branches of the separate motions of the mother and the subject children which were to dismiss that branch of his petition which sought to modify an order of custody and visitation on consent of the same court, so as to award him reasonable visitation with the subject children, and dismissed that portion of the proceeding.

A New York Child Custody Lawyer said that the subject children resided in California until the mother relocated with them to New York. In 2008, the mother filed a petition for sole legal and physical custody of the children. The father, who remained in California, submitted a sworn written response, wherein he consented to the mother’s custody of the children, who reportedly have special needs, but requested visitation.

Thereafter, an order of custody and visitation on consent was thereafter issued by the Family Court, awarding custody to the mother, and liberal but unspecified visitation to the father, “as the parties arrange and agree.” Two years later, the father commenced the instant proceeding by filing a petition requesting custody of the children or, alternatively, reasonable visitation. A hearing was held and, at the close of the father’s case, the mother and the subject children moved to dismiss the petition. The Family Court granted the motions, and dismissed the proceeding in its entirety. On appeal, the father challenges the dismissal of that branch of his petition which was for an award of reasonable visitation.

Continue reading

A New York Family Lawyer said that, in this proceeding, the Commissioner of Social Services, as assignee of the non-party mother, seeks child support from appellant father for the couple’s two children, claiming that the mother’s active welfare case constitutes a “change in circumstances” mandating revision of the parties’ previously negotiated agreement, pursuant to which the mother and father waived the right to child support from each other. A New York Custody Lawyer said it was not claimed that there had been a change in the financial circumstances of the mother, other than the fact of the opening of a welfare case. Because the father was denied the opportunity to obtain any discovery concerning the mother’s welfare case, it could not be verified that there had, in fact, been a change in circumstances in the mother’s finances so as to warrant a modification of the parties’ support decree.

A Brooklyn Family Lawyer said the mother and father were divorced in Supreme Court, Kings County, in March 2003. Pursuant to a stipulation, incorporated in their judgment for divorce, the parties agreed to a 50/50 sharing of physical custody of their two daughters. The parties represented that they had been advised of the provisions of the Child Support Standards Act, and each agreed that they would deviate from that standard and waive any right pursuant to the guidelines. The stipulation, entered on the record, provided that “the deviation is based on the fact that the parties are sharing expenses and sharing the custodial time with the children,” and that as a result, “neither party shall be paying child support to the other party.”

A Brooklyn Child Custody Lawyer said that, the parties agreed to retain his or her own separate property, and to waive any rights as to the other’s property. The parties exchanged net worth statements and relied on the representations therein with respect to finances. Each party acknowledged that he or she had been made aware of the factors affecting income and property, including the present and future earning capacity of each party, and the ability of each party to be self-supporting. Each party released and discharged the other from any and all claims, including present and future claims for alimony and maintenance, and each specifically acknowledged that he or she was self-supporting. The net worth affidavit submitted by the mother in connection with the proceeding indicated that she was a sculptor, self-employed, with a gross income of $15,000, assets in the amount of $2,000 and liabilities in the amount of approximately $31,000. In October 2002, the mother requested permission to relocate to Lower Manhattan, where she had been accepted into an artists’ community. The mother subsequently and apparently in defiance of the parties’ stipulation moved to Manhattan and commenced a custody proceeding in the Family Court, New York County. On or about August 2, 2004, the mother applied for welfare.

A father was imprisoned and was ultimately sentenced to a determinate sentence of ten years upon his conviction for attempted robbery. While, the man was in prison his wife gave birth to their child.

A New York Family Lawyer said in order of filiation declaring the father was then entered and while he was incarcerated, he filed a request seeking visitation with his child, resulting in the issuance of an order of custody. The order provided that the mother would have the child custody and the father would have visitation at least once a month.

Subsequently, the child came into the care of the county’s department of social services as the result of an emergency removal. A New York Custody Lawyer said the child was then placed with foster parents. The department of social services subsequently filed a petition against the mother alleging that the child was a neglected child as a consequence of the mother’s substance abuse.

Continue reading

A New York Family Lawyer said the respondent in a juvenile delinquency proceeding originated by removal to Family Court is not automatically entitled to inspect or to receive a copy of the minutes of any Grand Jury proceeding which must be transferred to Family Court when the case is removed.

In the first case, a presentation was made to the Grand Jury concerning the alleged participation of respondent and an adult, in robbery in December 1979. Pursuant to CPL 190.71 the Grand Jury requested that the matter pending against respondent be removed to Family Court and accused respondent of committing acts which, if committed by an adult, would constitute the crime of robbery in the second degree. A New York Custody Lawyer said the Supreme Court made and filed an implementing order of removal, and the matter was transferred to Family Court, Kings County.

Following arraignment, respondent by his Law Guardian moved orally to dismiss the petition for lack of jurisdiction on the ground that the forwarding court in making the transfer to Family Court had failed to forward a copy of the Grand Jury minutes, and further to inspect the Grand Jury minutes, a copy of which was then in the possession of the Corporation Counsel. Family Court denied both motions, and on application by respondent the Appellate Division granted permission to appeal, limited to so much of the Family Court order as denied the motion to inspect or obtain a copy of the minutes of the Grand Jury.

Continue reading

A New York Family Lawyer said that this is an appeal from a judgment of the Supreme Court, entered January 8, 2003 in Tompkins County, which, inter alia, modified plaintiff’s child support obligations. The parties were married in December 1988 and are the parents of a son born in 1991. They separated in January 2001, agreeing to a shared custodial arrangement whereby the child alternates between his parents’ homes on a weekly basis, which has apparently been successful. A New York Divorce Lawyer said that, in March 2001, defendant, the mother, commenced a proceeding in Family Court seeking child support and maintenance. It is undisputed that, during the marriage, the parties’ primary source of income was a trust fund created solely from plaintiff’s proceeds from a medical malpractice action arising from surgery in 1978 in which his spinal cord was negligently severed causing quadriplegia.

A New York Visitation Lawyer said that, although the parties’ income tax return reflects that their combined income in 2000 was $55,493, a Support Magistrate, in an October 2001 decision and order, calculated defendant’s 2000 income as $15,600, plaintiff’s 2000 income as $127,172.48, i.e., 100% of the principal and interest which plaintiff drew from the trust in 2000, and found a total combined parental income of $142,772, with 89% attributable to plaintiff. After considering the statutory factors contained in Family Ct Act § 413 (1) (f) (see Domestic Relations Law § 240 [1-b] [f]) and articulating justification for a lower child support obligation, the Support Magistrate capped plaintiff’s income at $80,000 and ordered him to pay $1,133.33 in monthly child support and $2,000 in monthly non-durational maintenance, provide the child with medical insurance and pay 89% of the child’s uninsured medical and day care expenses.

A New York Custody Lawyer said that, plaintiff filed written objections to that determination and Family Court, by order dated November 20, 2001, modified the Support Magistrate’s order only to the extent of limiting maintenance to five years. The Family Court order was not appealed by either party. In September 2001, before the completion of the foregoing Family Court proceedings, plaintiff commenced this action for divorce in Supreme Court. In lieu of a trial in Supreme Court, the parties apparently agreed to permit the court to determine all disputed issues in the matrimonial action, including modification of child support and maintenance, based on a document dated October 4, 2002 entitled “Joint Proposed Findings of Fact” (hereinafter the stipulation), which included facts upon which the parties agreed and disagreed. Appended to the stipulation were, among other things, Family Court’s decision and order, the Support Magistrate’s findings of fact, decision and order, a transcript of the hearing before the Support Magistrate, updated statements of net worth and a number of other documents related to the parties’ finances, including information regarding plaintiff’s diminishing trust.

The father, who is thirty-two (32) years of age, and the mother, who is thirty (30) years of age, were married in New York in May 2002. While married, the father worked as a first grade teacher and the mother worked as a mandarin interpreter. A New York Family Lawyer said the parties knew each other for only a short time prior to their marriage, at which point, the mother became pregnant with the parties’ child. In December 2002, the mother gave birth to a son. At the time of the son’s birth the parties were living separately; however, during the early days of the marriage, the parties lived at the mother’s relative’s residence in Brooklyn. A great amount of the parties’ marriage can be characterized as tumultuous and there were incidents of domestic violence.

On default this court awarded plaintiff-father full custody of the parties’ child whom is five (5) years of age. In August 2005, during a contested divorce proceeding, defendant-mother removed the parties’ child to California. The father commenced a divorce action on October 31, 2003, alleging cruel and inhuman treatment. Initially, the mother appeared pro se but later retained counsel. The mother was allegedly served with the summons with notice in an action for divorce on November 3, 2003, at Kings County Family Court.

A New York Child Custody Lawyer said that, in support of her request that she be awarded full legal custody of the child, the mother alleges that the father is merely trying to avoid paying child support and that he does not really care about custody. She argues that, until recently, the father lacked involvement with the child since the child was conceived. The mother contends that the father demanded a paternity test to prove his relationship to the child, but even after paternity was established, the father had little to do with the child. The mother avers that, as recently as 2005, the father was willing to forego custody of the child, in favor of the mother.

Continue reading

A New York Family Lawyer said the complainant woman seeks support for her niece against her niece’s father. The support petition was originally dismissed by a hearing examiner. But, by order of a judge, the order of dismissal was vacated. Consequently, the matter remanded back to the hearing examiner to enter a temporary order in accordance with the law and for further proceedings. The judge stayed the proceedings until such time the court will enter an order providing for temporary or permanent custody or guardianship of the child.

A New York Custody Lawyer said that following the custody hearing, a referee, in a very carefully considered decision, reluctantly recommends the child’s custody to her aunt. The matter was then referred to a judge, who confirmed the referee’s findings of fact and issued a final order of custody to the child’s aunt. The matter was then administratively assigned to the court to decide the issue of child support.

The parties appeared, at which time it unsuccessfully attempted to settle the case. A Brooklyn Family Lawyer said the court also pointed out that the law might prevent the re-trial of certain facts material to the issue. A hearing was eventually held. Based upon the evidence presented, the court declines to issue an order of child support against the man.

Continue reading