Nassau County

Published on: August 4, 2014

Defendant Claims Lack of Subject Matter Jurisdiction

by Stephen Bilkis

A New York Family Lawyer said that, this is a proceeding under Section 890, subdivision 1 of the Code of Criminal Procedure against a father who is alleged to have neglected to provide for his wife and child according to his means. The proceeding came on for trial and the Court ordered a payment of $20 weekly. A bond was required and the matter adjourned to give defendant an opportunity to furnish the bond.

A New York Divorce Lawyer said that, the defendant has raised a question of jurisdiction. However, the Court entertained serious doubt as to its jurisdiction, and on its own motion, took the question under consideration.

Nassau County Family Lawyer said the issue in this case is whether the Children’s Court of Nassau County have exclusive jurisdiction of child support proceedings completely pre-empting the District Court of Nassau County in the cases enumerated in Section 30 of the Children’s Court Act.

Published on: July 31, 2014

Public Assistance Denied to Pregnant Minor

by Stephen Bilkis

A New York Family Lawyer said that the mother applied for public assistance and medical aid from the County Department of Social Services for herself and her unborn child. At the time of the application, she was 20 years old and living separate and apart from her husband and residing in the home of her parents in Bethpage. Without any factual determination concerning the amount of child support actually furnished by her parents, the County Department of Social Services notified her that her application for eligibility for public assistance was being denied. The agency’s position was that she is under twenty-one, her parents are responsible for her, she is residing with her own parents, and they are of sufficient ability to support her. As far as the unborn child, there are no needs to be met for the unborn child.

Following a fair hearing proceeding, the hearing officer rendered a decision affirming the denial of assistance by the County Department of Social Services on the grounds that when a pregnant woman applies for public assistance for her unborn child and her needs are being met, the unborn child has no unmet needs.

Thereafter,a New York Divorce Lawyer said the mother commenced the Article 78 proceeding wherein she seeks to annul the determination after the fair hearing challenging the alleged practice and policy of the respondents of denying public assistance to married minors on the grounds that they are the legal responsibility of their parents; denying eligibility of married minors for public assistance by assuming resources of legally non-responsible relatives is available for their support without a finding that such resources are in fact being expended for the minor’s support; and denying eligibility of the unborn child for public assistance on the grounds that the pregnant mother’s needs are being met and the unborn child is precluded from establishing independent needs.

Published on: July 30, 2014

Court Discusses Right to Counsel in Civil Proceeding

by Stephen Bilkis

A New York Family Lawyer said this is a proceeding brought by the mother of two out-of-wedlock children, all residing in Florida, for their support by their New York putative father. The issue is whether an adjudication of the father’s paternity in a prior proceeding between these parties, and his acknowledgment therein of paternity, are binding and sufficient basis for an order of support, in the face of his contentions that he was then unrepresented by counsel and that the adjudicating court lacked jurisdiction.

A New York Divorce Lawyer said that the Uniform Support of Dependents Law (USDL) provides for a dependent in one state to their petition that a reciprocating state enforce a duty of support against a respondent domiciled, residing, or found in the latter, testimony being taken from each party ex parte in the respective states. Besides support for spouses and legitimate children, the USDL provides that the natural parents of a child born out of wedlock shall be severally liable for the support of such child, but the liability of the natural father shall not be enforceable unless he has been adjudicated to be the child’s father by a court of competent jurisdiction, or he has acknowledged or shall acknowledge paternity of the child in open court or by a verified written statement.

A Suffolk County Family Lawyer said that the respondent father denies the mother’s claim, in her present petition filed in Florida, that he is the father of her children. However, in a USDL proceeding between these parties in 1962, when the petitioner mother resided and filed a petition in Arizona, the Children’s Court of Nassau County held the father liable for the support of the children, on the basis of his oral acknowledgment of paternity in that Court.

Published on: July 25, 2014

Family Court Discusses Subject Matter Jurisdiction

by Stephen Bilkis

A New York Family Lawyer said that, plaintiff commenced this divorce action via summons with notice. Prior to serving the summons with notice, Plaintiff moves for an Order authorizing an alternative method of service, for custody, child support, maintenance and attorney’s fees. Although Defendant submits no opposition papers to Plaintiff’s motion, Defendant affirmatively moves to dismiss the action “pursuant to DRL §230 claiming there is no subject matter jurisdiction in this Court to consider this matter.” Plaintiff opposes Defendant’s motion to dismiss.

A New York Divorce Lawyer said that, plaintiff wife also moves for: (1) An Order granting her primary physical and legal custody of the parties’ two (2) children, directing that so long as the daughter resides with her farther, he shall provide the Plaintiff wife all of the child’s residence information, access to all educational, medical and related personnel and records, and further directing that her daughter travel to and stay at the mother’s residence during all school recesses in excess of three (3) days; (2) An Order directing the Defendant husband to pay child support to the mother in conformance with the Child Support Standards Act, including maintaining any and all health insurance as is currently available through him in his capacity in the United States Navy, and, to bear in proportion to the parties’ respective incomes, any and all unreimbursed and/or uncovered medical and related expenses; (3) An Order direction husband to pay spousal support in an amount sufficient to permit Plaintiff to meet her ongoing needs during the pendency of this action; (4) An Order directing the father to pay attorneys’ fees on behalf of wife so as to permit her to have proper and sufficient representation.

A Nassau County Family Lawyer said the issue in this case is whether plaintiff fails to state a cause of action.

Published on: June 11, 2014

Wife Appeals Denial for Child Support Arrears

by Stephen Bilkis

A New York Family Lawyer said in a matrimonial action in which the parties were divorced by judgment, the plaintiff wife appeals from an order of the Supreme Court, Nassau County, which denied her motion for leave to enter a judgment for child support arrears.

A Nassau County Family attorney said that the plaintiff and the defendant were married in Glendale, New York in 1959. They separated in 1980 when the defendant moved to California, and were divorced by a 1982 judgment of the Supreme Court, Nassau County, which awarded custody of the parties’ unemancipated children to the plaintiff. The 1982 judgment was subsequently amended by a judgment, which required the defendant to pay child support in the sum of $50 per week for each unemancipated child.

A New York Custody Lawyer said in 1985 the plaintiff commenced a proceeding in the Nassau County Family Court pursuant to Domestic Relations Law article 3-A, the Uniform Support of Dependents Law (hereinafter USDL), seeking an increase in support for the parties’ two youngest sons. The proceeding was thereafter transferred to the Los Angeles County Superior Court, and thereafter, that court issued an order directing the defendant to make increased support payments of $300 per month per child until the children reached the age of 18, which is the age of emancipation under California law. When the children reached the age of 18 six months later, the California court terminated the defendant’s obligation to make support payments on his behalf through the court trustee. After the youngest son reached the age of 18 in 1988, the California court trustee administratively closed its case.

Published on: April 29, 2014

Court Decides Juvenile Delinquency Proceeding

by Stephen Bilkis

New York Family Lawyer said in this juvenile delinquency proceeding, a boy moves to preclude the presentment agency from offering identification evidence at the fact-finding hearing on the ground that it failed to provide timely and adequate notice of its intention to do so as required.

A boy was charged on the instant petition which alleges that he committed acts which, if committed by an adult, would constitute the crimes of robbery in the second degree, grand larceny in the fourth degree and attempted assault in the third degree.

A New York Child Custody Lawyer said according to the appeal, the boy was one of a group of individuals who punched the complaining witness in the head and stole his hat and cell phone.

Published on: April 7, 2014

Court Decides if Summary Judgment Should Be Granted

by Stephen Bilkis

A New York Family Lawyer said that, in May 2004, plaintiff’s decedent was diagnosed with liver cancer, determined later to have originated in her colon. Approximately 14 months earlier, on March 18, 2003, medical records show she had complained of rectal bleeding to her primary doctor, defendant. The same records reflect she was given a referral to defendant a gastroenterologist, for a colonoscopy, but the colonoscopy did not take place. Plaintiff’s decedent met again with the doctor in July 2003, but the records do not reflect a discussion of rectal bleeding or the colonoscopy referral.

A New York Custody Lawyer said that, by September 20, 2003, plaintiff began to suffer an extended period of constipation and abdominal pain and went to the emergency room of defendant Medical Center. A CT scan was performed at that time, ultimately showing thickening of the wall of her sigmoid colon, an enlarged liver and suspicion of a mass in the liver. The CT report recommended an MRI and clinical correlation to further evaluate and exclude inflammatory versus malignant process. Plaintiff was referred again to the doctor for a colonoscopy, which took place a week later on September 26, 2003. The doctor however, was unable to complete the colonoscopy because of the presence of highly inflamed tissue and the possibility of a perforation in his colon. He sent plaintiff back to the emergency room at the said medical center immediately with two tissue samples, asking for an urgent surgical evaluation and monitoring to rule out perforation.

A Nassau County Family Lawyer said that, defendant the surgeon on call at the medical center, evaluated plaintiff and concluded she showed no signs of an immediate surgical emergency. Defendant, a pathologist, examined the tissue samples and found evidence of inflammation, but no malignant cells in the samples. Gastroenterologists at Montefiore also evaluated plaintiff. A small bowel series was done to rule out problems in that area of the abdomen.

Published on: March 23, 2014

Court Decides Custody Issues with Adopted Child

by Stephen Bilkis

A New York Family Lawyer said sometime in January 1952, the parties got married. They lived together as husband and wife until 1959. They had no issues despite the desire of both parties to have children. They were both of the Jewish faith and their marriage was consummated in accordance with orthodox Jewish tradition.

A New York Child Custody Lawyer said that in 1958, the parties allegedly decided to adopt a child. In October thereof, they were advised of the possibility of adopting a child in Florida. Thus, the wife went to Florida for that purpose. The husband bought the round-trip transportation tickets, escorted his wife to the airport in New York and communicated with her by telephone about the child while she was in Florida. When the child was born, the mother made arrangements at the hospital to take the child to Brooklyn where the parties had resided. Shortly after the child’s birth, in November, 1958 the wife did bring the child with her to New York. The husband together with his mother met his wife and the child at the airport, and escorted them to the apartment where the parties lived together. Upon arrival at their home, the wife found a bassinet, diapers and baby bottles. The baby continued to reside there with the husband and wife until they separated.

According to the wife, she and her husband had agreed to adopt the child. According to the husband, on the other hand, he did not agree to the adoption, he never wanted the child and he had no idea how the baby articles got into his apartment.

Published on: March 17, 2014

Court Hears Case Regarding Child Abuse and Neglect

by Stephen Bilkis

A New York Family Lawyer said that, New York City Children’s Services (hereinafter NYCCS) filed a petition against respondent mother alleging that her son’s physical, mental or emotional condition had been impaired or was in imminent danger of becoming impaired, as a result of her failure to exercise a minimum degree of care in supplying him with an adequate education in accordance with the provisions of part I of article 65 of the Education Law. Specifically, the petition alleges that the boy missed 44 days of school during the 2006-2007 school year and 18 days during the 2007-2008 school year.

A New York Child Custody Lawyer said that, on the day the petition was filed, the boy was paroled to respondent under NYCCS supervision on the condition that she ensure that he attend school daily absent a medical excuse. The fact-finding hearing was conducted on July 29, 2008, November 17, 2008 and January 7, 2009. NYCCS called one witness, a caseworker, on its direct case. She testified that the original oral report transmission (hereinafter ORT) was received from the Children’s Aid Society on June 14, 2007. That day, NYCCS convened a case conference.

The proof with respect to educational neglect consisted solely of the records that NYCCS introduced into evidence including the ORT, the boy’s school records from the 2006-2007 and 2007-2008 school years, the ORT dated September 18, 2008, the ORT dated November 21, 2008, and his school records from the 2007-2008 school year. His school records establish numerous unexcused absences during the period prior to the filing of the petition. For the 2006-2007 school year, he attended P.S. 582 during September 2006. An attendance sheet from P.S. 582 indicates that he was absent seven days that month and late five times. Thereafter he was suspended for fighting.2 after his suspension, he attended P.S. 252 in February 2007. An attendance sheet from P.S. 252 indicates that he was absent four days in February 2007. After that, he was transferred to a “suspension school,” P.S. 607 or the Academy, from February 2007 until January 2008.

Published on: March 11, 2014

Petitioner Seeks to Modify Child Custody Due to Out of State Relocation

by Stephen Bilkis

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, as, after a hearing, denied her cross petition to modify a prior custody order, by permitting her to relocate with the subject children to Maryland.

A New York Family lawyer said that the disposition of a petition for permission to relocate with minor children rests upon a determination of the best interests of the children. “Relocation may be allowed if the custodial parent demonstrates, by a preponderance of the evidence that the proposed move is in the child’s best interests”. When evaluating whether a proposed move will be in the child’s best interests, the factors to be considered “include, but are certainly not limited to each parent’s reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child’s future contact with the noncustodial parent, the degree to which the custodial parent’s and child’s life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the noncustodial parent and child through suitable visitation arrangements”

A New York Child Custody Lawyer said that although the hearing court has an advantage in being able to observe the demeanor and assess the credibility of witnesses, we would be seriously remiss if, simply in deference to the finding of the hearing court, we allowed a relocation determination to stand where it lacks a sound and substantial basis in the record. Moreover, in relocation determinations, our authority is as broad as that of the hearing court.