Divorce

Published on: October 31, 2014

Court Hears Argument in Child Support Proceeding

by Stephen Bilkis

In a child support proceeding pursuant to Family Court Act article 4, the father appeals, as limited by his brief, from so much of an order of the Family Court, as denied his objections to stated portions of an order of the same court which, after a hearing, inter alia, fixed the father’s child support arrears in the sum of $20,046.76 and awarded the mother counsel fees in the sum of $5,000.

“In reviewing a determination of the Family Court, deference should be given to the credibility determinations of the Support Magistrate, who was in the best position to evaluate the credibility of the witnesses”.

Published on: October 25, 2014

Court Listens to Two Child Neglect Proceedings

by Stephen Bilkis

A New York Family Lawyer said that in two related child neglect proceedings pursuant to Family Court Act, the appellant father appeals from so much of an order of the Family Court as denied his motion to vacate a fact-finding order of the same court, made upon his default in appearing at a fact-finding hearing, finding that he had neglected the subject children, and, in effect, to vacate an order of disposition of the same court, which, upon the fact-finding order, directed the release of the subject children to the mother’s custody and directed him to complete, inter alia, domestic violence counseling.

A New York Divorce Lawyer said the order dated July 7, 2011, is reversed insofar as appealed from, on the facts and in the exercise of discretion, without costs or disbursements, the appellant’s motion to vacate the fact-finding order and, in effect, to vacate the order of disposition is granted, the fact-finding order and order of disposition are vacated, and the matter is remitted to the Family Court for a new fact-finding hearing, and, if necessary, a new dispositional hearing; and it is further, ordered that, upon remittal, the Family Court shall forthwith make an order with regard to the custody of the subject children pending the new hearing or hearings and determination.

A Queens Family Lawyer said these proceedings were commenced pursuant to Family Court Act upon the filing of two petitions, in which it was alleged that the appellant father was a person legally responsible for the care of two female children, and that these children were neglected by him. The petitions were based on a single incident, in which it was alleged that the appellant, among other things, grabbed one of the subject children on the side of her neck.

Published on: October 24, 2014

Court Decides Child Custody in Light of Mentally Ill Respondent

by Stephen Bilkis

A New York Family Lawyer said that on 12 October 2001, a petition was filed against the respondent mother.

As alleged in the petition, the respondent mother neglected her seven-year-old child, T, by failing to provide the child with appropriate medical attention to treat her ADHD, by refusing to accept board of education referrals for a special education program for T, and by failing to provide T with adequate shelter because of her failure to pay rent, electricity and gas bills, and by using marijuana and not enrolling in a drug treatment program; and, the respondent mother has been diagnosed as suffering from mental illness, “specifically as paranoid and delusional, and with a possible personality disorder.”

A New York Divorce Lawyer said on the basis of the mental illness allegation, the petitioner seeks for an order pursuant to Family Court Act Â§Â§ 251, 1038 (d) to have the respondent evaluated to determine whether she in fact suffers from an untreated mental illness which impairs her ability to care for the child.

Published on: October 23, 2014

Father Moves for Custody in Light of Mentally Ill Mother

by Stephen Bilkis

A New York Family Lawyer said this is an appeal from an order of the Supreme Court entered 28 April 2009 in Ulster County, which, among other things, awarded plaintiff custody of the parties’ child.

The father, plaintiff and the mother, defendant were married in 2004 and are the parents of a daughter born in 2005. Within weeks of her birth, the couple began experiencing marital difficulties, stemming from the father’s growing concern about the mother’s mental health.

In January 2006, when the child was just five weeks old, the mother vacated the couple’s marital residence in Ulster County and traveled to Nassau County with the child. The father immediately initiated a proceeding in Ulster County Family Court requesting joint custody of the child and an order prohibiting the mother from removing the child from the child. Family Court issued an interim order restricting the mother from leaving the state with the child and set a prompt return date.

Published on: October 13, 2014

Husband Claims Aandonment and Adultery in Divorce Proceeding

by Stephen Bilkis

A New York Family Lawyer said the parties were spouses who have two children of the marriage. From the date of the parties’ marriage until August 2002, the parties and their two children resided in Eastchester, in Westchester County with the wife’s mother in a residence owned by the wife’s mother. According to the wife, the husband abandoned her in that year. Thereafter the husband resided for some period of time in Nassau County with a woman with whom he has an out-of-wedlock child. The wife and the parties’ children moved to Dobbs Ferry New York. The husband resided with the wife and children in the Dobbs Ferry residence for a two and a half week period in April and May 2008. The husband’s 2009 driver’s license states his address is the wife’s Dobbs Ferry residence.

A New York Family Lawyer said that the husband commenced a prior action for divorce in Nassau County. Pursuant to an order, venue of said action was transferred to Westchester County. Thereafter, the husband also commenced another action for divorce against the wife in Westchester County. Both actions were dismissed. The wife has served an answer in the above captioned action seeking dismissal of the within action. She has not interposed a counterclaim for divorce.

The husband became a month-to-month tenant of an apartment in a private residence in Massapequa. His rent is $900.00 a month. Thereafter, he commenced the within action for divorce in Nassau County. His complaint asserts three causes of action, to wit: actual abandonment; social abandonment; and adultery. All the causes of action allegedly occurred in Dobbs Ferry in Westchester County.

Published on: October 12, 2014

Court Looks at Jurisdiction Issue in Divorce Proceeding

by Stephen Bilkis

A New York Family Lawyer said the parties were spouses who have two children of the marriage. From the date of the parties’ marriage until August 2002, the parties and their two children resided in Eastchester, in Westchester County with the wife’s mother in a residence owned by the wife’s mother. According to the wife, the husband abandoned her in that year. Thereafter the husband resided for some period of time in Nassau County with a woman with whom he has an out-of-wedlock child. The wife and the parties’ children moved to Dobbs Ferry New York. The husband resided with the wife and children in the Dobbs Ferry residence for a two and a half week period in April and May 2008. The husband’s 2009 driver’s license states his address is the wife’s Dobbs Ferry residence.

A New York Divorce Lawyer said that the husband commenced a prior action for divorce in Nassau County. Pursuant to an order, venue of said action was transferred to Westchester County. Thereafter, the husband also commenced another action for divorce against the wife in Westchester County. Both actions were dismissed. The wife has served an answer in the above captioned action seeking dismissal of the within action. She has not interposed a counterclaim for divorce.

A Nassau County Family Lawyer said the husband became a month-to-month tenant of an apartment in a private residence in Massapequa. His rent is $900.00 a month. Thereafter, he commenced the within action for divorce in Nassau County. His complaint asserts three causes of action, to wit: actual abandonment; social abandonment; and adultery. All the causes of action allegedly occurred in Dobbs Ferry in Westchester County.

Published on: October 11, 2014

Father Seeks to Modify Restraining Order Against Him

by Stephen Bilkis

A New York Family Lawyer said in a proceeding pursuant to Family Court Act article 8 and Domestic Relations Law article 5-A (Uniform Child Custody Jurisdiction and Enforcement Act), the father appeals from an order of the Family Court, Nassau County, which, without a hearing, dismissed without prejudice his petition, in effect, for a modification of an order of protection of the Superior Court of the State of California, Alameda County, which, after a hearing, inter alia, directed him to stay away from the mother and the parties’ three children for a period of five years.

A Nassau County Family lawyer said that the mother and the father lived together in New York for approximately 14 years, without marrying. They have two daughters and a son. Thereafter, the mother took the children to California, allegedly to escape physical and emotional abuse by the father. Later on, the father filed a petition in Family Court, Nassau County, seeking custody of the parties’ two daughters. The parties’ teenage son returned to New York to reside with the father.

Thereafter, a New York Divorce Lawyer said the mother filed a “request for order” in the Superior Court of California, Alameda County (hereinafter the California court), seeking an order of protection against the father, and in favor of herself and the three children. In the California court, she also filed a request for custody of the children. In her papers, the mother informed the California court of the pending custody proceeding in New York. Nonetheless, the California court failed to communicate with the Family Court.

Published on: October 10, 2014

Father Appeals Order Granting Sole Custody to Mother

by Stephen Bilkis

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Nassau County, which, without a hearing, inter alia, granted sole custody of the subject child to the mother, with child visitation to the father.

A New York Family Lawyer said that an award of custody must be based upon the best interests of the child, and there is no right of either parent to custody of the child. Since the court has an obligation to make an objective and independent evaluation of the circumstances, a custody determination should be made only after a full and fair hearing at which the record is fully developed. Therefore, as a general rule, it is error to make an order respecting custody based upon controverted allegations without the benefit of a full hearing.

Here, a New York Divorce Lawyer said in light of the parties’ conflicting allegations, the Family Court erred in awarding sole custody of the subject child to the mother without the benefit of an evidentiary hearing. Nor did the court conduct an examination of the parties, interview the child, or solicit the opinion of the attorney for the child. Under such circumstances, it cannot be concluded that the court possessed sufficient information to render an informed determination consistent with the child’s best interests. Accordingly, the court remits the matter to the Family Court, Nassau County, for a hearing and, thereafter, a new determination on the custody petition.

Published on: September 29, 2014

Grandmother Seeks Visitation Rights

by Stephen Bilkis

A New York Family Lawyer said a grandmother seeks to obtain visitation privileges with her grandson. The child was born and resided with the complainant, his maternal grandmother, for five years. The child’s father is in prison, and his mother, who was addicted to drugs, already died.

Previously, a dispute arose between the complainant, as maternal grandmother, and the paternal grandmother, concerning custody of the child. However, the Supreme Court gave the child custody to his paternal aunt and granted both the maternal and paternal grandparents for limited visitation rights.

The paternal aunt subsequently initiated an adoption proceeding in the family court. As a result, they became the adoptive parents of the child.

Published on: September 28, 2014

Father Seeks to Restrain Mother from Relocating Children

by Stephen Bilkis

A New York Family Lawyer said in the matter before the Court concerns child custody of two children. The children are the biological children of the divorced parties herein. The current proceedings were commenced when the father filed petitions pursuant to Article 6 of the Family Court Act (FCA) in Albany County Family Court seeking child custody or, in the alternative, to restrain the mother from relocating with the children. After the mother relocated with the children to South Carolina, The Albany County Family Court issued an order granting the father temporary child custody of the children. The father went to South Carolina to obtain physical child custody of the children and then immediately relocated to Nassau County, New York. The Albany Family Court matter was thereafter transferred to this Court. The mother also filed her own petitions seeking child custody.

A New York Divorce Lawyer said that pursuant to a stipulation and Judgment of Divorce, the parties were divorced in 2004. As per the terms of their stipulation, the parties had joint legal child custody of the children with the mother having physical child custody and the father having certain rights of parenting time. At the time of the divorce, the parties were living in the Albany, New York area, having relocated together from Long Island. Immediately after the divorce was finalized, the parties continued to live together for financial reasons, but eventually moved into separate apartments in the Albany area, with the children living with the mother.

A New York City Family Lawyer said the father exercised his parenting rights during this time, though the extent to which he did so is in dispute. The mother met her current husband, a resident of South Carolina, in an online chat room and began a long distance relationship which resulted in one of them traveling once every few months to see the other. At other times they would both travel and meet somewhere in the middle. At some point during 2005 the mother had a hysterectomy which she blamed for causing her to lose her job. The loss of her job, and the father’s alleged failure to provide regular child support, placed her in dire financial straits which she believed could only be remedied by a relocation to South Carolina where, aside from the new husband, her mother and sister resided.