Articles Posted in Custody

Divorce 1

This is a case being heard in the Special and Trial Term of the Supreme Court located in New York County. The plaintiff in the matter is Ethel Phillips and the defendant is Gilbert L. Phillips. The plaintiff is seeking a separation from the defendant, who is her husband. Ms. Phillips alleges that the defendant has treated her cruelly and fails to provide fro her. The defendant denies these allegations and has entered a counterclaim seeking an annulment from the marriage. A New York Family Lawyer said the defendant states that their marriage should be annulled because the plaintiff was still married to another individual at the time the couple was married.

Case Background

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Respondent is the mother of the two subject children, the son, born April 30, 1994 and the daughter, born March 28, 2001. A New York Family Lawyer said Respondent also has an older daughter, currently a third year student at, visits the home on some weekends and during school vacations. A Bronx Order of Protection Lawyer said that, respondent was arrested and New York City Children’s Services removed the two subject children (son and daughter) from her care pursuant to Family Court Act § 1024 prior to the filing of a petition. The NYCCS filed petitions against respondent in Kings County Family Court. The petitions allege that the mother neglected the child (now 16-year-old son), by inflicting excessive corporal punishment upon him. Specifically, the petitions allege that, NYPD responded to a 911 call made from a business near the case address after her son left the home because his mother beat him with a belt. The petitions further allege that the son reported that the beating took place after his mother learned that he had failed a number of classes. When he tried to get away, the mother allegedly grabbed him, tied him to the chair and hit him again. He also reported that his mother had used physical discipline in the past although this time was worse than other times. Finally, the petitions allege that the daughter is a derivatively neglected child by virtue of the neglect of respondent’s son.

A Bronx Order of Protection Lawyer said that, on the day the petitions were filed, the judge granted the request of NYCCS for a removal of the children and temporarily released them to their maternal aunt. The Judge entered a temporary order of protection against respondent on behalf of the children directing that she refrain from the use of corporal punishment. The Judge also ordered that the mother have liberal supervised visitation at the aunt’s home.

A New York Custody Lawyer said two days after the incident, the mother enrolled in a number of programs offered by Family Dynamics. She immediately started a 16 week parenting support program and thereafter attended every Saturday. She never missed a session. She also started a 12 week anger management program which she attended every Saturday. She never missed a session. She started individual counseling and later found her son a therapist as well. She visited the children every day. She did their laundry, made them lunch and had two meals each day with them whenever possible. She checked their homework and was present for all of their doctors’ appointments.

This child protective proceeding was commenced on June 17, 1983, pursuant to Family Court Act, Art. 10. A Bronx Order of Protection Lawyer said that, the neglect petition was filed one week after the police had responded to a neighbor’s call of a child beating, whereupon it was ascertained that the subject child, had multiple bruises, welts and lacerations. The hospital record, almost 50 pages in length, is replete with gross references that there were “multiple bruises all over body,” both old and fresh injuries, cigarette burns and belt buckle marks. The subject child, who was approximately 5 years of age at that time, also disclosed that she had been previously raped by her uncle, the mother, was arrested for endangering the welfare of a minor and, after pleading guilty, was sentenced to probation. Although she initially admitted that she had hit the subject child with a belt, she later denied it, claiming that the injuries were self-inflicted and, subsequently, she stated that she only hit the child with the cloth part of the belt.

A Bronx Order of Protection Lawyer said it appears that the mother has had a long history of psychiatric problems, having been in foster care almost since birth. At the age of 15, while she was living with her mother, she was sexually abused by her mother’s boyfriend, resulting in the birth of the subject child on June 20, 1978. Her other child, was born on July 5, 1982. At the time of these events, the respondent mother was employed as a typist and, to save the expense of babysitters, she had asked her brother, to stay with the children while she was at work. It is alleged that, between April and June, 1983, her brother repeatedly sodomized the subject child, who, although afraid to tell her mother did tell a neighbor’s son, whose mother told the respondent mother what had occurred. She did not report this to the police but claims she did attempt to comfort the child.

A New York Family Lawyer said that, a fact-finding hearing was held on December 21, 1983, where the court, over the objection of both the assistant corporation counsel and the law guardian, accepted an admission of neglect by the mother that she had hit the child on the arm with a cloth belt, but not with the belt buckle. The court did not allow any other evidence on the issue of abuse or neglect. Subsequently, a dispositional hearing was held, at which a staff psychiatrist, with the Family Court Mental Health Services, testified that the subject child was fearful of her mother, had refused any visitation with her and was not interested in returning to her custody. It was recommended that the child be continued in foster care and, receive psychiatric treatment, with limited supervised visitation. A psychological evaluation disclosed that the child was emotionally traumatized as a result of the mother’s physical and verbal abuse and that returning the child to the mother would, in all likelihood, lead to further abuse in the future.

This action arises out of a previously child custody case. A New York Family Lawyer said the parties were married and divorced by a decision which incorporated the condition of settlement placed on the record in open court. The condition and decision of separation provided that the parties should share joint custody of their daughter with her primary residence being with the mother.

Consequently, the father filed an application requesting custodial time with their daughter. The mother however cross-moved for an order suspending the father’s visitation with the child, appointing a new law guardian, and referring alleged evidence of the father’s abuse to the child. The father thereafter filed an application for sole custody of the child and requested that the mother have only supervised visitation. The court appointed then a forensic psychologist to interview both parties and the child, and to prepare forensic evaluations. The forensic psychologist filed her report, in which she recommended that the father should receive sole custody and that the mother must have liberal visitation. In response to a report of suspected child abuse and maltreatment of the child filed by the mother, a trial was held. Thereafter, an order continuing joint custody, but providing that primary physical custody of the child would be with the father and the mother would have supervised visitation two to three times a week, was issued.

A New York Custody Lawyer said an eleven day trial took place and during which numerous witnesses testified, including the forensic psychologist, the mother of the child, the father of the child, a case worker, a child protective specialist, the mother’s former husband, and two certified social workers. According to the judge extensive written decision, the forensic psychologist testified with a reasonable degree of psychological certainty that the father should receive physical custody of the child and that the child should visit with the mother in the mother’s home. The psychologist’s forensic reports were also introduced into evidence. The child’s law guardian took the position that the father should receive sole custody. Afterwards, the court awarded the father sole custody of the child, with the mother to have supervised visitation. In addition, an order setting the details of the custody and visitation arrangements were signed.

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