New York City

Published on: January 5, 2014

Mother Claims Father took Child Out of the Country Without Her Consent

by Stephen Bilkis

A New York Family Lawyers said the parties were married in 1978 in Karachi, Pakistan. Later that year they moved to New York City. In April 1980 the Parties’ child was born in the United States. In March, 1981 the child was taken to Pakistan. A New York Family Lawyer said the defendant claims and a later decision of a court found, that this was done without her knowledge or consent. Defendant in turn took the child from Pakistan, without plaintiff’s knowledge or consent. She brought him to her relatives in Ireland. Thereafter, defendant returned to New York for at most a few weeks. The child remained in Ireland. Both parties started various New York City Family Court proceedings which were eventually abandoned, denied or marked off the calendars. Defendant returned to Ireland.

A New York Custody Lawyer said that three years later, plaintiff served defendant with papers for a divorce. Service was made in Dublin, Ireland. Thereafter, defendant returned to the United States with the child. Defendant did not answer the divorce papers. She claims she thought reconciliation was in the works. The divorce was processed as an uncontested with custody of the child remaining with both parties.

A Long Island Family Lawyer said that during the fall, defendant started proceedings to reopen the divorce based upon lack of jurisdiction and lack of proper service. The parties were in litigation for approximately 1 1/2 years concerning the jurisdiction, economic issues, and visitation. Plaintiff did not see the child during this time.

Published on: January 3, 2014

Mother Tries to Regain Custody of Children in Foster Care

by Stephen Bilkis

A permanent neglect petition was filed by the petitioner adoption service. At that time the child was four years old; for the preceding two and a half years she had been in the custody first of the Bureau of Child Welfare, and thereafter, with the adoption. The child, who is now seven years old, has, since the latter date, been in the care of the same foster parents.

A New York Family Lawyer said that the voluminous record which covers 19 hearings, beginning on June 1969, portrays a picture of an aggressive, paranoid and immature mother who interspersed long periods of neglect by failure to maintain contact with the supervising agency for visitation with sudden, hysterical demands that the child be returned to her. Attempts by caseworkers to contact the respondent were frustrated by her constant changes of address, most of which were not communicated to the agency.

On one occasion, when the Bureau of Child Welfare permitted the child to be taken to the respondent’s home, the infant was admitted to a hospital as a battered child four days later. Thereafter, or in August 1971, the Family Court judge, in response to the respondent’s application for the immediate return of the child, ordered the adoption service to permit 15 visits by the respondent up to October 1971; on that latter date she was to be permitted to take the child home for the weekend. Nevertheless, the respondent made only two regular visits prior to October 1; on that date she insisted on taking the child home a week earlier than scheduled. She was permitted to do so, but refused to return the child on the following Monday. This resulted in the issuance of a warrant and the arrest of the respondent.

Published on: January 2, 2014

Court Listens to Habeas Corpus Proceeding

by Stephen Bilkis

In a family related case, a habeas corpus proceeding with respect to custody of petitioner’s eight-year-old son, the appeal is from an order of the Family Court, Kings County, A prior interim order had been made by the Supreme Court, Kings County, referring the proceeding to the Family Court and granting temporary custody of the child to appellants, with two-hour periods of visitation on Saturdays and Wednesdays to petitioner at appellants’ home. A New York Family Lawyer said the order under review modified said prior order of the Supreme Court so as to grant visitation to both parents of the child, at or away from appellants’ home, for three hours on Saturdays, subject to certain conditions. According to a Kings County visitation attorney, the permission to appeal from the order of the Family Court is hereby granted. Thus, the court Order was reversed, without costs, and petitioner’s application to modify the order of the Supreme Court denied.

In addition, a New York Custody Lawyer said the Court stated that it was an improvident exercise of discretion to modify the visitation provisions ordered by the Supreme Court in view of petitioner’s past conduct, an apparent inability on the part of her husband to control her actions at times, and a failure of proof that circumstances had changed since the date of the Supreme Court’s order so as to adversely affect the welfare of the child. Our determination is, of course, without prejudice to the issues to be determined after trial, which, as of the time of the making of the order under review, was scheduled for September 17, 1971.

A Staten Island Family Lawyer said an another family case, in a proceeding pursuant to Family Court Act article 6 for grandparent visitation, the grandmother appeals from an order of the Family Court, Kings County, dated February 24, 2009, which, after a hearing, dismissed the petition.

Published on: January 1, 2014

Court Decides Case in Light of Domestic Relations Law 76

by Stephen Bilkis

A New York Family Lawyer said this is a visitation proceeding from which a father appeals from an order of the Family Court, Kings County dismissing his petition for visitation on the ground of lack of jurisdiction.

According to his petition and hearing testimony, he and his wife were divorced in November 1999 by a judgment of a New York court. A New York Custody Lawyer said the matrimonial court, inter alia, awarded custody of the parties’ children to the mother. The mother relocated with the children to the State of Pennsylvania, where they have lived since 2000. On or about 12 May 2004, the father filed the instant petition with the Family Court for his rights to visitation.

The court ruled that the Family Court did not have jurisdiction to make an initial child custody determination in relation withDomestic Relations Law § 76, because the children and their mother had lived in Pennsylvania for approximately four years, the Pennsylvania courts would have jurisdiction over the matter, and there was no indication that a court with jurisdiction had declined to exercise it because New York was the more appropriate forum. The court, however, stresses the importance of Domestic Relations Law § 76-a (1), i.e., a New York State court may have “exclusive, continuing jurisdiction” over a prior child custody determination made pursuant to Domestic Relations Law § 76.

Published on: December 31, 2013

Court Rules on Child Molestation Case

by Stephen Bilkis

The Nassau County Department of Social Services filed amended child abuse and neglect petitions against the father on behalf of his children who was four years and two and one-half years old at the time.

A New York Family Lawyer said the petitions alleged that on numerous and diverse occasions occurring prior to about October 27, 1987, the father had put his penis in the four year old child’s private part, inserted his fingers in her private part, and touched the private part of the two year old child. The petitions alleged that all of these acts threatened and endangered both children’s emotional health, safety and well being.

The allegations of abuse, heretofore described, were based on out-of-court statements made by the two children. It is well settled that out-of-court statements of a child relating to allegations of abuse are admissible at a fact-finding hearing and, if they are properly corroborated by evidence tending to support their reliability, may support a finding of abuse. A New York Custody Lawyer said in the instant proceeding, the Family Court held that the validation testimony of a social worker constituted sufficient corroboration of the afore-noted allegations of abuse.

Published on: December 30, 2013

Wife Defends Custody Issue Based on Husband’s Bizarre Behavior

by Stephen Bilkis

A couple was married and had four children together. The husband left the marital residence and a divorce action was commenced the following month. A New York Family Lawyer said following a trial on the issues of equitable distribution, child support and maintenance, a memorandum decision was issued. Although the husband had stipulated to the wife having child custody, he moved for a change of child custody to him, with the wife to be given only supervised visitation based upon what he claimed to be the wife’s bizarre and dangerous behavior which was calculated to destroy the children’s relationship with him.

The husband referred to the wife’s persistent and uncorroborated allegations that he was sexually abusing their children, her continuing to make new claims of abuse even though all other claims had been determined to be unfounded. He suggested the possibility that the wife herself may have caused the youngest child’s vaginal and rectal area to become reddened prior to the wife’s bringing her to the hospital. A New York Custody Lawyer said the husband further noted the wife’s ongoing interference with visitation by various other means, including making accusations of sexual abuse and warning him not to engage in such activities in the presence of the children. In the husband’s view, a change in child custody was critical to the children’s well-being and mental health.

The wife opposed the application, and the matter was subsequently referred for a hearing. Since the original Law Guardian had died after having issued his report in the matrimonial matter recommending that the husband have unsupervised visitation, the court appointed a new Law Guardian for the children as well as a psychiatrist to conduct forensic examinations and to make a recommendation as to child custody.

Published on: December 28, 2013

Child Removed by Protective Services Due to Parent’s Drug Use

by Stephen Bilkis

A man is the biological father of a boy who was born in 1995. A New York Family Lawyer said the two have never lived together. Three weeks following his birth, the child was removed from his mother’s home by the Child Protective Services Unit of the County Department of Social Services (DSS) due to the fact that the mother had used cocaine during her pregnancy and the child tested positive for cocaine at birth. The mother was found to have neglected the child and her parental rights were ultimately terminated upon a finding of abandonment.

A New York Custody Lawyer said within one week following the child’s removal by DSS, the father filed the first of a series of petitions seeking child custody. A July 6, 1995 consent order granted the father supervised visits with the child upon his completion of a substance abuse evaluation and also provided that the father was to cooperate in obtaining a psychological assessment. On March 16, 1998, the father filed the petition in proceeding No. 1.

At the initial appearance on the petition following the appointment of counsel for the father, Family Court adjourned the matter so that the father could undergo a psychological evaluation. At the next appearance, DSS recommended, and Family Court ordered, that an extensive family assessment be conducted at Parsons Child and Family Center and also that the father submits to a full mental health evaluation. Although expressing considerable frustration with the repeated obstacles that Family Court was placing in his path, the father agreed to cooperate.

Published on: December 27, 2013

Court Decides Possible Termination of Parental Rights

by Stephen Bilkis

A father was imprisoned and was ultimately sentenced to a determinate sentence of ten years upon his conviction for attempted robbery. While, the man was in prison his wife gave birth to their child.

A New York Family Lawyer said in order of filiation declaring the father was then entered and while he was incarcerated, he filed a request seeking visitation with his child, resulting in the issuance of an order of custody. The order provided that the mother would have the child custody and the father would have visitation at least once a month.

Subsequently, the child came into the care of the county’s department of social services as the result of an emergency removal. A New York Custody Lawyer said the child was then placed with foster parents. The department of social services subsequently filed a petition against the mother alleging that the child was a neglected child as a consequence of the mother’s substance abuse.

Published on: December 26, 2013

Social Services Seeks to Remove Child from Mother

by Stephen Bilkis

A New York Family Lawyer said that in July 2007, the Nassau County Social Services (SS) filed petitions against the respondent , seeking the removal of her two children. On the same date, the respondent filed petitions seeking the return of her sons pursuant to FCA § 1028. A hearing was held and respondent’s return petition was denied and the children remained in the custody of the Social Services.

A Nassau County Family attorney said that, the respondent consented to a finding of neglect in the underlying neglect petition. A New York Custody Lawyer said that the Order of Custody to SS was vacated, a one year Order of Supervision was entered and the children were returned to the respondent. The terms of the Order indicated that the respondent was to cooperate with SS and Preventive Services, and attend the PACT program. The respondent voluntarily placed the children in foster care, as she reported to be suffering from depression at that time. The children were placed in the home of a certified foster parent, where they continue to reside. The two children were three years old and ten months old at the time that they were placed in foster parent’s home.

The respondent gave birth to her third child. Thereafter, SS filed a neglect petition against the respondent, on behalf of this child. A Bronx Family Lawyer said the Children Services additionally filed neglect petitions against the respondent in Queens County, where the respondent had been living, regarding the same child. The Queens County Court paroled the child to the non-respondent father, with supervision by Children Services. Additionally, the Court issued a Temporary Order of Protection, which vacated the respondent from the home, prohibited the respondent from having any contact with the child if under the influence of drugs or alcohol and only allowed for agency supervised visits. Upon consultation with this Court, the case was transferred to Nassau County Family Court.

Published on: December 25, 2013

Court Decides Child Visitation Battle

by Stephen Bilkis

A New York Lawyer said in this Family case, an Appeal was filed by the nonparty-appellant from two orders of the Family Court, Suffolk County. By decision and order on motion, as amended, the Court (1) directed that residential custody of the subject child was to continue with the petitioner father, (2) prohibited the respondent mother from having overnight child visitation with the subject child or allowing any contact between the subject child and the mother’s paramour and his family, and (3) prohibited either parent from removing the subject child from Nassau County or Suffolk County, pending hearing and determination of the appeals, on condition that the record or appendix on the appeals from the orders and the nonparty-appellant’s brief was filed and served pursuant to CPLR 2103(b)(1).

A New York Custody Lawyer said that the nonparty-appellant has not perfected the appeals as set forth in the decision and order on motion of this Court.

Thus, the Court on its own motion, Ordered the following: THAT –