Articles Posted in Queens

On June 30, 2010, Petitioner filed an Illegal Lockout proceeding by order to show cause in lieu of notice of petition, alleging that on May 5, 2010, his wife, Respondent had illegally locked him out of their apartment located at 1880 Valentine Avenue, Bronx, New York. Neither party appeared on the return date nor did the court dismiss the petition. A New York Family Lawyer said that, petitioner filed a second Illegal Lockout proceeding. On that occasion, Petitioner alleged that Respondent wife had locked him out of the subject premises in February 2010. Although Respondent appeared, Petitioner again failed to appear and the court dismissed that proceeding as well.

A New York Custody Lawyer said that, petitioner filed the Illegal Lockout proceeding now before the court, by order to show cause in lieu of notice of petition, on July 16, 2010, alleging that his wife had locked him out of the subject premises. Petitioner further alleged that he had contacted the police and that the police ordered him to leave. On July 23, 2010, both parties appeared and this court ascertained that on July 16, 2010, Family Court, Bronx County, granted each party a Temporary Order of Protection against the other. The Order of Protection obtained by respondent directed to petitioner, to stay away from respondent and the three minor children who reside with her at 1880 Valentine Avenue, Bronx, New York, and expressly excluded Petitioner from their home, the subject premises. In addition, Petitioner herein was directed to stay away from respondent’s place of employment and to refrain from any communication or other contact with the parties listed in the Order, except for court-ordered visitation with the parties’ infant child. Further, there was currently pending in Family Court a Family Offense proceeding, and a child custody and visitation proceeding, which listed petitioner’s address as 1160 Wheeler Avenue, Apt. # 1, Bronx, New York, not the address of the subject premises of this Lockout proceeding. Based upon the information presented, this court determined that Family Court was the most appropriate forum to resolve the parties’ dispute and dismissed the petition. The parties were directed to seek recourse in Family Court.

A Queens Family Lawyer said that, petitioner filed an order to show cause in Housing Court, alleging that the Family Court petition did not accurately state his address. On July 30, 2010, this court denied Petitioner’s motion based upon improper service. On August 4, 2010, Petitioner filed a second order to show cause in which he alleged that he had proof that Family Court had misstated his address. On August 13, 2010, the motion was adjourned to September 7, 2010. Petitioner failed to appear and the court again denied the motion.

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The parties were married in January 2004, separated about a year and a half later and were divorced on July 13, 2006. They are the parents of a now six-year-old boy born on May 17, 2004. A New York Family Lawyer said the stipulation settling the divorce case granted the mother legal and physical custody of the child. The father had visitation every week from Monday at 8:00 p.m. until Wednesday at 6:00 p.m. The stipulation allowed relocation within 25-miles of the father’s house in the Bronx. The father has had a history of irregular employment and is currently not employed. At the time of trial, the mother, who is remarried, cared for her younger child from her second marriage, full time.

A New York Custody Lawyer said that, after the parties separated, the mother remained in the marital apartment in the Bronx with the child for two years. In the fall of 2007, she began working as a project administrator in the construction field. In 2007, she moved with the child and her boyfriend to Connecticut. The mother testified that she always wanted her son to be in a suburban environment. She stated that she was trying “to mirror my own childhood. I had a wonderful suburban upbringing.” The relationship in Connecticut ended when the boyfriend returned to his native New Zealand. The mother returned to New York with the child and moved into an apartment in Harlem.

A Queens Family Lawyer said that, in March 2008, the mother met her future husband, on Match.com. He was retired from the Air Force, lived in North Carolina and was then involved in a nation-wide job search. Ultimately, he took a job with Northrop Grumman in San Diego. He had requested to work at Northrop Grumman’s Long Island branch, but the company could not accommodate his request. The mother and his future husband became engaged in May 2008. Soon after her engagement, the mother approached the father about moving to California to live with her future husband. The father was concerned about the distance and the stability of the mother’s new relationship.

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A husband seeks custody of their two children from his wife who surreptitiously left the conjugal home in New York and took the children to Virginia where the wife’s relatives all lived.

During the trial, the husband and the wife testified. A New York Family Lawyer said the mother-in-law of the wife and the sister-in-law of the wife also testified for the husband and against the wife. The judge took the two children to a nearby park and interviewed the children. The judge videotaped this interview with the children.

During the custody hearing it was proved that the husband and the wife had a child when they were just teenagers. They got married within three years after the birth of their first child. The wife was emotionally and physically abused. The abuse consisted of sexual assault. The husband would force the wife to have sex. He would kick the woman and bite her, hit her with his fists in her back and buttocks. He also constantly criticized and insulted her within the hearing of their children. Both the husband and the wife took drugs. A New York Custody Lawyer said the wife’s injuries were documented by emergency room visits where the nature and extent of her injuries were reported. The husband and wife were separated from each other for nine months. During these nine months, the husband fathered a child by another woman. He then left his newborn child by another woman and returned to the conjugal home. By that time, the wife had already sobered up and was no longer using drugs. The husband continued to use drugs and the sexual assault of the wife by the husband continued until the woman escaped the conjugal home with her two children and left for Virginia.

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A husband seeks custody of their two children from his wife who surreptitiously left the conjugal home in New York and took the children to Virginia where the wife’s relatives all lived.

During the trial, the husband and the wife testified. A New York Family Lawyer said the mother-in-law of the wife and the sister-in-law of the wife also testified for the husband and against the wife. The judge took the two children to a nearby park and interviewed the children. The judge videotaped this interview with the children.

During the custody hearing it was proved that the husband and the wife had a child when they were just teenagers. They got married within three years after the birth of their first child. The wife was emotionally and physically abused. The abuse consisted of sexual assault. The husband would force the wife to have sex. He would kick the woman and bite her, hit her with his fists in her back and buttocks. He also constantly criticized and insulted her within the hearing of their children. A New York Custody Lawyer said both the husband and the wife took drugs. The wife’s injuries were documented by emergency room visits where the nature and extent of her injuries were reported. The husband and wife were separated from each other for nine months. During these nine months, the husband fathered a child by another woman. He then left his newborn child by another woman and returned to the conjugal home. By that time, the wife had already sobered up and was no longer using drugs. The husband continued to use drugs and the sexual assault of the wife by the husband continued until the woman escaped the conjugal home with her two children and left for Virginia.

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A neglect complaint was filed against a 16 years old mother alleging that she left her child with her mother and other unknown individuals without making adequate provisions for her care. There were also allegations of poor hygiene and medical neglect with respect to a serious diaper rash. The 16 years old mother made an admission of neglect and her child was placed with the commissioner for an initial period of twelve months. A New York Family Lawyer said the goal of the permanency plan was return to the parent and the young mother was expected to complete parenting skills classes, engage in therapy and to obtain suitable housing and employment in order to meet that goal.

A social service group was assigned as the foster care agency to manage the family. The record in court contains no evidence as to when the said agency received the contract. There are no records at all when the child was placed in care. Almost three full years, the agency placed into evidence and the only records documenting an assorted 13 months of casework by no less than five different caseworkers. The young mother testified on her own behalf and the law guardian consequently did not present any independent evidence.

The complainant alleges that although the agency arranged visitation between the young mother and her child, the mother for more than a year following the date on which the child came into the agency’s care, failed substantially and continuously or repeatedly to maintain contact with her child. The caseworker’s records do not reflect any formal visitation schedule set up by the agency between the mother and her child. A New York Custody Lawyer said in fact, the casework records only noted the visits by the mother to her child in the foster home in passing, as part of her observations in home visits at the foster home, or in conversations with the foster mother. However, those limited references suggested that the visitation between the mother and her child was regular and frequent.

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In this custody proceeding, a New York Family Lawyer said that, the Family Court, Bronx, awarded petitioner mother sole physical and legal custody of the parties’ child dismissed respondent father’s petitions based on violations of temporary orders of visitation, denied respondent’s second motion to dismiss the child custody petition, and issued a five-year order of protection forbidding respondent from exercising any corporal punishment against the child. A Bronx Order of Protection Lawyer said that defendant father appealed the decision.

The issue in this case is whether the Family Court erred in awarding the sole physical and legal custody of the child to the petitioner mother.

A New York Custody Lawyer said the Court said that, with regard to deprivation of respondent’s visitation rights, he had ample opportunity to present evidence of petitioner’s violations during the custody trial, but failed to do so. Moreover, the record indicates that petitioner supported the child’s regular and frequent visits with her father. Denial of respondent’s request for a subpoena was a proper exercise of discretion. There is no indication in the record that petitioner was using illegal drugs or had used them in the recent past, or that she had any medical or psychological condition that might negatively impact on her care for the child.

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A woman who was high on drugs found herself married to a man she hardly knew. She never lived with that man she married and she never even had sexual relations with him to her knowledge. A New York Family Lawyer he tried to divorce him in the days that followed but she could not locate him so she could not serve him divorce papers.

The woman later cleaned herself up and stopped taking drugs. By that time, she met another man with whom she fell in love. They lived together as husband and wife without the benefit of a marriage. With this man, she had two children. A New York Custody Lawyer said in the children’s birth certificates, the man was listed as their father and the children used his surname. The children received pediatric care and in the medical records with the children’s pediatrician, the man was indicated as their father. The man was also listed as the children’s next of kin in case of emergency. The father listed the children as his beneficiaries and dependents. He fully supported them with the salary he earned as a construction worker.

The real father of the children (the man who was not the legal husband of the children’s mother) was imprisoned several times during the infancy of the children but he was imprisoned for only short terms of six months. In 1998, he was imprisoned with a term of five years. During his incarceration, he still tried to support the woman and his children with her with earnings as an inmate. He asked his sister to visit the children for him when he couldn’t reach them by telephone because the telephone service at their apartment had been cut off. Months later, the sister of the imprisoned father could no longer find the children or the mother.