Westchester County

Published on: September 18, 2013

Court Discusses Responsibilities Under Family Court Act

by Stephen Bilkis

Petitioner is an 18-year old single female attending in a community college on a work-study program. Her mother died on September 2, 1961. A New York Family Lawyer said thereafter, her father married respondent on August 9, 1962 when petitioner was three years of age. Two female children, petitioner’s half sisters, were born of this union. Her father died on March 10, 1975. Petitioner continued to reside in respondent’s home until June 15, 1977.

In June of 1977, petitioner left respondent’s residence to reside with relatives and now seeks support from the respondent pursuant to Section 415 of Article 4 of the Family Court Act. A New York Child Custody Lawyer said the petitioner has limited income and is imminently liable to go on public assistance and in fact presently receiving medicaid benefits from the Department of Social Services. Petitioner cited two (2) similar cases in support of her contention that the death of a parent does not conclude the stepparent relationship because death is an act of God and is therefore not a willful act. In contrast, the petitioner further argues, a divorce does end this relationship since there is an “intent to terminate the living tendrils of the marriage.”

The question presented in this case by the petitioner is whether a stepparent, whose marriage has been terminated by the death of the child’s natural parent, is legally responsible for the support of the stepchild.

Published on: September 14, 2013

Petitioner and New Husband Seek to Adopt Child

by Stephen Bilkis

The petitioner mother and her husband filed a petition for adoption, seeking the court’s approval of the proposed adoption of a child. The petitioner is the natural mother of the child and her husband seeks to adopt the child. The natural father of the child was incarcerated at the time of the filing of the adoption petition. He was released from a New York State correctional facility and he was personally served with the notice of proposed adoption at the home of his parents.

A New York Family Lawyer said the petitioner mother filed a petition to modify a prior order of visitation, and order to show cause, seeking to suspend all father’s rights of visitation, pending the proceedings on the separate but related petition for adoption. The order to show cause, suspending visitation until further order of the court was signed.

The respondent father filed a motion to dismiss the visitation modification petition, and oral argument was heard. Decision was reserved, and the court issued a written decision denying the respondent father’s motion to dismiss. A hearing on the adoption petition commenced and after five days of testimony, the hearing concluded at which time the court reserved the decision. The decision shall serve as the order of the court.

Published on: August 3, 2013

Father Appeals Child Support and Custody Order

by Stephen Bilkis

In an action, inter alia, for awards of child custody and child support, the plaintiff father appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County, dated October 25, 2007, as, in effect, granted that branch of the defendant mother’s cross motion which was for child support pendente lite to the extent of directing him to pay the defendant mother the sum of $426 per week.

A New York Famiy Lawyer said that, the parties, who were never married to each other, are the parents of two young children. In May 2006 the father filed a petition in the Family Court, Suffolk County seeking custody of the children. The mother cross-petitioned for custody, and additionally petitioned for child support. During the course of the Family Court proceedings, the parties entered into a so-ordered stipulation in which they agreed to temporarily share equal physical custody of the children. After the parties reached their temporary custody agreement, a Family Court Support Magistrate denied the mother’s petition for child support.

A New York Custody Lawyer said that, the Support Magistrate found that the parties had joint residential custody, and deemed the father the noncustodial parent because he had a greater income. However, the Support Magistrate declined to direct the father to pay child support because he was paying his adult daughter the sum of approximately $300 per week to care for the children in his home, and the children thus spent a greater amount of time at his residence.

Published on: January 5, 2013

Child Perishes Due to Neglect and Abuse

by Stephen Bilkis

CC, born on 1 June 1984, was removed from the care of her parents, A and B, on 11 July 1984 and placed in foster care by the Nassau County Department of Social Services pursuant to Family Court Act § 1024. On 12 July 1984, the Department of Social Services filed a neglect petition alleging that CC is a neglected child as defined by § 1012 of the Family Court Act.

A New York Family Lawyer said on or about 10 July 1984, A beat CC’s half sibling, DD, to a degree that it caused said half sibling death on July 11, 1984. A beat said half sibling with such force and effect to cause said half sibling to hemorrhage into his abdomen which was a result of lacerations of the mesentery, with a rupture of the small bowel. In addition, DD had multiple rib fractures on both sides. B was present while DD was being beaten and failed to take any steps whatsoever to prevent it from happening or continuing. It is most likely that CC will be treated in a similar manner.

By order of this Court, dated 18 July 1984, temporary custody of CC was placed in the Department of Social Services. By amended temporary order of 26 October 1984, temporary custody was continued in the Department of Social Services, with visitation for the parents to be arranged by the Department.

Published on: January 2, 2013

Father Seeks Visitation in Adoption Case

by Stephen Bilkis

A New York Family Lawyer said this proceeding is an adoption and a matrimonial wherein respondent father sought enforcement of the visitation provisions of a separation agreement. The mother and her new husband appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Nassau County entered 20 October 1983, as, pursuant to an order dated 12 May 1982, removed the adoption proceeding from the Surrogate’s Court, Nassau County, and consolidated it with the motion pending in the Supreme Court, Nassau County, denied an application to dispense with the father’s consent to a proposed adoption, granted the father specific visitation with the child, and awarded appellant mother only $7,700 in arrears of child support.

The court modifies, on the facts, by increasing the sum of accrued child support payments from $7,700 to $8,020. Accordingly, the court affirms the judgment insofar as appealed from, without costs or disbursements.

A New York Custody Lawyer said on 4 November 1973, the appellant mother was married to the respondent father. On 1 December 1976 their only child was born. On 8 June 1979, the mother and respondent entered into a written separation agreement and on 28 July 1980, they were divorced by judgment of the Supreme Court, Nassau County. The provisions of the separation agreement survived the divorce decree.

Published on: January 21, 2012

Court Rules on Whether the Nonpayment of Support Effects Visitation Rights

by Stephen Bilkis

A couple was married for about five years. A year into their marriage, the wife gave birth to their only child. A New York Family Lawyer said that in the final judgment in the dissolution of their marriage, the mother was given custody of their child. The father was granted visitation rights and based on their monthly income, ordered to pay $150 per month for child support plus $50 per month for the months before the final judgment.

In the year that followed the finalizing of the divorce, each party had brought numerous motions for contempt. The mother claimed the father was not paying child support. The father alleged visitation was being withheld. By December of the year that followed the dissolution, the father filed a petition without counsel to modify the provision for the child support saying because of illness and inability to pay. From what a Westchester Custody Lawyer found out, the father was able to show evidence of his illness and that his income has been reduced to $200 from $800. The $200 was coming from welfare benefits. This being the court still found him in wilful contempt and denied his motion to modify the child support. Part of the ruling was to reduce the child support to $75 each month even if the modification was denied. The court said as well, that visitation should be reinstated if father paid the May child support by May 2, and keeps it current.

Another was order was issued May 5 stating that the visitation is not to happen until he complies with the previous order and shows his child-support payments to be current. There was no record where the court says visitation was terminated, previously. The father appealed for a review of this ruling. He questions the order of the Trial Court where it made the payment of the child support the condition for visitation.

Published on: October 30, 2011

50 Cent deals with son’s visitation issue in Central Islip Family Court reports a New York Family Lawyer

by Stephen Bilkis

Curtis Jackson also known as 50 Cent has come to terms with his ex-girlfriend regarding his 11 year old son’s visitation said a New York Family Lawyer. He will be able to spend 1 weekend per month, as well as one month in the summer and half of both his winter and spring breaks. Both parents seems to be satisfied with the decision made in Suffolk County Family Court in Central Islip, New York. 50 Cent’s son Marquise is a resident of Dix Hills, Long Island.

Child Visitation in The Bronx and Westchester County is when a non-custodial parents wishes to visit with the child. Child Visitation is closley related to Child Custody when the main priority is whats in the best interest of the child.

If you find yourself in need of legal representation call our office for a free consultation with a New York Visitation Lawyer. We can be reached at 1-800-NY-NY-LAW [1800-696-9529]. Whether you have a visitation, custody, child support, divorce, abuse & neglect or order of protection, call us to speak with one of our Family Lawyers.At Stephen Bilkis and Associates we have handled all concepts of Family Law including visitation cases. Each New York Visitation Lawyer in our office is patient and experienced in handling the complex issues that arise while trying to raise children with court intervention.