Articles Posted in Custody

In a child support proceeding, the father appeals from an order of the Family Court, Westchester County, which denied his objections to so much of an order of the same court, as, after a hearing, granted those branches of the mother’s cross petition which were, in effect, for arrears of child support and additional child support based on the father’s past employment bonuses, and for reimbursement of certain college expenses, and to modify the parties’ stipulation of settlement, which was incorporated but not merged into the judgment of divorce, to require the father to pay 50% of future college expenses, and for an award of an attorney’s fee, fixed his arrears for child support and additional child support based on the father’s past employment bonuses, and for reimbursement of certain college expenses in the sum of $11,154.81, awarded the mother an attorney’s fee in the sum of $2,250, and directed him to pay 50% of future college expenses.

A New York Family Lawyer said that the mother and father were divorced in August 1995, which incorporated, but did not merge, a separation agreement. Pursuant to the separation agreement, the father was required to pay the mother child support which was, at the time of the filing of the instant petition and cross petition, in the sum of $1,298 per month. He also was required to pay 50% of the children’s health insurance premiums and unreimbursed medical expenses and, as “additional child support,” 50% of any bonuses received from his employment.

In January 2007 a New York Custody Lawyer said the father filed a petition for a temporary downward modification of his child support obligation during a period of unemployment. The mother filed a cross petition, inter alia, in effect, for arrears of child support and additional child support based on the father’s past employment bonuses, and for reimbursement of certain college expenses, and to modify the parties’ stipulation of settlement, which was incorporated but not merged into the judgment of divorce, to require the father to pay 50% of future college expenses, and for an award of an attorney’s fee. Following a hearing, in an order, the Support Magistrate granted the father’s petition, temporarily reducing the father’s child support obligation to the sum of $439 per month, from January through April 2007, during a period of unemployment. The Support Magistrate also granted those branches of the mother’s cross petition which were, in effect, for child support arrears and additional child support based on the father’s past employment bonuses, and for reimbursement of certain college expenses, fixed the father’s obligation in the sum of $11,154.81, awarded the mother an attorney’s fee in the sum of $2,250, and directed the father to pay 50% of future college expenses for the subject children. The Family Court denied the father’s objections to so much of the Support Magistrate’s order as granted the mother relief on her cross petition.

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This proceeding concerns the petition of an Adoption Service for commitment of a minor to its custody under Section 384 of the Social Services Law. Petitioner commenced this proceeding sometime in December 1972. A New York Family Lawyer said the natural mother of the infant was served and defaults in this proceeding. The natural father was also named as a respondent at the direction of the court and was served with citation. In compliance with a Court’s ruling, a hearing was and several months were required for the submission of briefs. Under jurisprudence, an unwed father’s right to custody of his child cannot be terminated without the hearing requirements of due process of law. That case, in fact, involved an unwed father who had raised his children in his own home.

A New York Family lawyer said that the natural father, who lived out-of-wedlock with the natural mother for four months prior to the birth of this boy, has moved to dismiss the petition of the Adoption Service, on the ground that the petitioner failed to prove or plead that respondent father abandoned his infant son. The child was born out-of-wedlock and ten days after his birth, the natural mother voluntarily placed the child with the Commissioner of Social Services of the City of New York for temporary foster care. The father’s name does not appear on the birth certificate. The infant has remained in foster care with the same foster parents from November 1967 to this date. The infant believes that his foster family is his only family and has no knowledge or recall of his natural parents. At the time of the birth of this infant, respondent father was married to a woman other than the mother of this infant. Thereafter, respondent acknowledged paternity and agreed in writing that he would support his child. However, respondent’s salary has been insufficient to cover any support for many years and, in any event, he has made no such payments. The natural mother never contributed towards support. A New York Custody Lawyer said the court finds this long-term failure of support as evidence of abandonment as defined by Social Services Law § 371: “Abandoned child’ means a child who is abandoned or deserted in any place by both parents and left (c) without being visited or having payments made toward his support, for a period of at least six months, by his parent, guardian or other lawful custodian without good reason.’

A Staten Island Family Lawyer said a child never lived in the home of the natural parents, although the father claims that he objected to the natural mother’s refusal to bring the baby home. Curiously, respondent could not recall whether or not the natural mother actually resided with him after the birth. Respondent also testified that he did not inquire as to the whereabouts of the baby, although he claims to have visited the mother in the hospital during her confinement. In July 1968, the agency interviewed the father and, upon his insistence, permitted him to visit the child twice; once he was accompanied by the natural mother. Agency records of 1968 reflect that the father was desirous of custody of his child but that he had no plans or means to accomplish this purpose. Thus, the agency therefore determined on a plan for adoption.

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Petitioner is the paternal grandfather of 2 infants. Respondent is the natural mother of the infants. The children’s father was killed in an accident.

A New York Family Lawyer said the paternal grandfather has petitioned this court for an order directing child visitation with the infants. An amended petition was filed thereafter. The natural mother has opposed the petition, having previously terminated visitation between the paternal grandfather and the children in June 1999.

A New York Custody Lawyer said that, respondent’s attorney filed a motion for dismissal, relying upon the a ruling of the Court where the United States Supreme Court held that a State of Washington statute governing nonparental child visitation infringed on the fundamental right of a parent to make a decision about the care, custody and control of the parent’s child. The Court deemed this a violation of the parental substantive due process guarantee contained in the Fourteenth Amendment. In opposition, petitioner’s attorney has argued that said case should be limited to its facts, and the statute involved in that case was overly broad and is distinguishable from the New York statute.

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