Queens

Published on: November 9, 2012

Defendant Moves to have Order for Protection Vacated

by Stephen Bilkis

This is a matter being heard in the Family Court of the City of New York in Bronx County. The petitioner in this case is Lloyd Grant. A New York Family Lawyer said the respondent of the case is Darlene Pugh. The respondent, Darlene Pugh has moved to have the final order of protection granted in favor of the petitioner of Lloyd Grant vacated. The respondent failed to appear on the 18th of August, 2008 when this order was made. She denies being served with any papers for the previous hearing.

Case Background

On the 15th of August, 2008, the petitioner, Lloyd Grant filed a family offense petition stating that on the 8th of August, 2008, when they were leaving the Bronx Family Court the respondent threatened him. The couple was appearing in a delinquency action that involved their son DG. At the time the threat was made, Ms. Pugh was escorted from the building, but she was not arrested. A New York Custody Lawyer said the couple was scheduled to reappear regarding the delinquency matter on the 18th of August, 2008. A temporary ex parte order of protection was issued to Mr. Grant returnable on the same date as the delinquency hearing was scheduled.

Published on: November 6, 2012

Court Considers Terminating Parental Rights

by Stephen Bilkis

This is an appeal from an order of the Family Court, New York County, dismissing a petition brought by petitioner Hospital seeking (1) termination of the parental rights of respondent mother; (2) custody of the subject child; and (3) a declaration that the child was free for adoption, pursuant to Social Services Law Section 384-b and Family Court Act, Article Six. A New York Family Lawyer said the out-of-wedlock infant was born on March 25, 1974. The current whereabouts of the father are unknown and there is no evidence of any contact or support by him at any time. The infant came into the custody of the hospital on April 21, 1976 after he was found strapped in his stroller, alone and unattended, at about 4 a. m., near an abandoned building in Brooklyn. The mother was apprehended and arrested for burglary of the building. She subsequently pleaded guilty to criminal trespass. A New York Custody Lawyer said he claimed that on her way to the store with the child she was pursued and had to leave the infant unattended. In consequence of this incident, a finding of neglect was made against the mother by the Family Court, Kings County.

A Queens Family Lawyer said that, the child was placed with the Commissioner of Social Services for an initial period of eight months. Thereafter placement was extended until March, 1979. The mother, herself, had been placed in foster care at the age of 3 because her own mother was unable to care for her and her five brothers and sisters, four of whom were placed in foster care. Her schooling ended at the 10th grade. She was transferred from one institution to another and from one foster family to another until the age of 18. The longest period with a foster parent was from 1972 to 1974. Although she knew her parents, she had no relationship with them. In a psychological evaluation in connection with the placement of the subject child, the mother was diagnosed as an inadequate personality with anxiety features needing psychiatric treatment and counseling. “Therapy should be directed in part to help her to accept responsibility for everything which may happen to her infant.”

During 1976 the mother visited with her son on 12 or 13 separate occasions out of a possible 60 available dates, as noted in the agency records. On September 17, 1976, at the extension of placement hearing, she indicated upset at the decision. She believed her son should have been released to her. She was directed to avail herself of counseling which the agency was directed to provide. In December 1976 she expressed upset that her son was in a foster home in Bronx. In view of the fact that she lived in Brooklyn and she was in an advanced state of pregnancy with a second child, it would be difficult for her to make the long trip to Bronx and visit her son. She could not visit him until after the baby was born. During the entire year 1977, the mother visited the subject child only once. In October 1977 she advised the agency that she wanted her son returned but she was too busy with her second baby. During 1977 she had financial problems, moved from place to place and had fires in at least two of her places of residence. On June 8, 1978 she stated that she could not plan for his son, that she no longer lived with his paramour and was now living with another man. She wished the agency to continue to care for her son and to help her with the many decisions she would have to make. Her new paramour had three children in foster care in Brooklyn. She admitted she could not care for the three children in addition to his son.

Published on: October 30, 2012

Wife Contends Ex-Husband Violated Order for Protection

by Stephen Bilkis

A woman filed divorce action against her husband on the ground of abuse. The Court issued a decree of divorce and gave the custody of their son to the woman. A New York Family Lawyer said an Order of Protection was made permanent by the Court; the husband was ordered to leave the conjugal apartment and not to assault, menace or otherwise commit any disorderly conduct with his ex-spouse. The husband was given visitation rights. However, twelve months after the order, the woman filed a family offense petition before the Family Court.

She filed a complaint with the police that her ex-husband had violated the Order of Protection issued by the Family Court by going to her apartment, hitting her in front of their son, repeatedly calling her home phone number and threatening her and her child. The police arrested her ex-husband and he was arraigned.

At his arraignment he asked the dismissal of the cases for aggravated assault, aggravated harassment and harassment on the ground that his ex-wife filed an election where she agreed that these charges be tried not before the criminal courts but within the Family court that had jurisdiction over them.

Published on: October 25, 2012

Court Discusses Parental Rights of Imprisoned Father

by Stephen Bilkis

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 said she 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. In the children’s birth certificates, the man was listed as their father and the children used his surname. A New York Custody Lawyer said 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.

Published on: October 24, 2012

Plaintiff Requests a Bifurcation of Issues

by Stephen Bilkis

A New York Family Lawyer said this is a divorce proceeding being held in front of the Supreme Court of the State of New York located in Westchester County. The defendant in the matter is Thomas Hannigan and the plaintiff in the case is Barbara Hannigan.

Case Background

The plaintiff and the defendant are respectively 44 and 43 years old and have three children together. The children are 18, 13, and 11 years old. The couple was married on the fifteenth of June, 1985. A New York Child Custody Lawyer said the plaintiffs have begun this matrimonial action on the 20th of June, 2005. The main issue in this dispute is how the marital property of the couple is going to be distributed. The marital property includes a substantial amount of real property that they own as tenants by the entirety, the money that is located in a bank account that is only in the name of the plaintiff, and the value of the business owned by the defendant and the value of the plaintiff’s nursing degree and nursing license.

Published on: October 23, 2012

Plaintiff Moved to Increase Alimony

by Stephen Bilkis

This is a case being heard in the Special and Trial Term of the Supreme Court located in New York County. The plaintiff in the matter is Ethel Phillips and the defendant is Gilbert L. Phillips. The plaintiff is seeking a separation from the defendant, who is her husband. Ms. Phillips alleges that the defendant has treated her cruelly and fails to provide fro her. A New York Family Lawyer said the defendant denies these allegations and has entered a counterclaim seeking an annulment from the marriage. The defendant states that their marriage should be annulled because the plaintiff was still married to another individual at the time the couple was married.

Case Background

On the last day of March in the year 1950, the plaintiff obtained a divorce from her husband, Mr. Moss. This divorce was obtained in the state of Georgia in the Superior Court of Richmond County. At the time of the divorce the plaintiff stated that she had been a resident of Georgia for over a year before instituting the action for divorce. However, a New York Custody Lawyer said the plaintiff was actually still a New York state resident at that time. She had only been in Georgia for a couple of days and visited the state for the purpose of obtaining the divorce and no other reason. She had not established a residency in the state of Georgia. Moss, the plaintiff’s husband acknowledged the action in the Georgia court and did not contest the divorce. The decree from the Georgia court states that the divorce was granted to the plaintiff on the 31st of March, 1950. After the divorce took place, the plaintiff’s ex-husband Moss took on another spouse.

Published on: October 9, 2012

Court Reviews Joint Custody Agreement

by Stephen Bilkis

This is a case being heard in the Appellate Division of the Supreme Court of the State of New York. The petitioner and appellant of this case is Leroy D. West Sr. The respondent in this case is Racquel Vanderhorst. A New York Family Lawyer the petitioner and appellant in this case Leroy D. West Sr. is appealing an order that was made by the Referee Elizabeth Barnett in the Family Court of Bronx County. The order awarded the respondent mother, Racquel Vanderhorst with sole legal and physical custody of the parties’ child. The petitioner father was given visitation rights in the order.

Case Discussion

When reviewing the facts of the case, the determination that was made by the Referee to modify the joint custody agreement of the couple was made on a substantial basis. The record shows that after the judgment for divorce was granted to the couple there was a complete breakdown of communication between the couple. A New York Custody Lawyer said there was an instance of domestic violence that occurred in the presence of the child. This made the possibility of joint custody as was agreed to in the divorce agreement, impossible.

Published on: October 7, 2012

Petitioner Alleges Violation of Order of Visitation

by Stephen Bilkis

This is a case being heard in the Appellate Division of the Supreme Court of the State of New York. The petitioner and appellant in the case is Claudio M. The respondent in this case is Janet R.

A New York Family Lawyer said the petitioner in this case is appealing an order that was made in the Family Court of Bronx County on the 19th of November, 2010. Judge Alma Cordova made the original order that dismissed the petition made by the father for sanctions against the respondent mother for violation of a court order of visitation.

Case Discussion

Published on: October 4, 2012

Courts Decide Paternity Case

by Stephen Bilkis

This matter deals with a paternity proceeding. The petitioner of the case is Felix O. The respondents in the case are Janette M. and Herbert M. The case is being heard in the Family Court of the State of New York in Kings County.

This is a petition made by Felix O. for an order to declare him to be the father of Precious Jewel M. and for an order to set his child support obligation. Respondents Janette M., the mother and Herbert M, the husband both oppose the petition. The respondents were married at the time of Precious Jewel’s birth and are still married now.

Felix filed the paternity petition on the 7th of January, 2004 when Precious Jewel was four and a half years old. For a number of reasons the case took a long time to conclude. None of the reasons were the fault of Felix. A New York Family Lawyer said the respondents, Janette and Herbert successfully evaded service for over a year and a half. Finally, a warrant was issued when Janette failed to appear the second time she was served. She was brought into court on the warrant on the fifth of August, 2004 and ordered to appear in court on the 29th of November, 2004. Herbert was issued a summons to appear as well. The date was then moved to the 15th of February, 2005.

Published on: October 3, 2012

Case Brought to Court for Father Failing to Pay Child Support

by Stephen Bilkis

This case deals with the respondent Robert Marrero and the appellant Ada Centeno. The case is being heard in the Second Division, Appellate Division, Supreme Court of the State of New York. The appellant mother, Ada Centeno is appealing an order that was made in the Family Court of Rockland County by Judge Christopher. The Order was from the 27th of March, 2009 and granted the father’s petition for sole custody of their child and denied her branch of the cross motion for sole custody of the child.

Case Background

A New York Criminal Lawyer said the two parties in this case are the parents of Summer, who was born in 2001. The couple was never married and their relationship ended while the child was still a baby. When the couple separated the child remained with the mother in the Bronx and the father lived in Rockland County with his parents. There was not an order made to award custody to either party.