A New York Family Lawyer the petitioner Administration for Children’s Services (ACS) failed to establish by a preponderance of the evidence that the defendant mother knew, or should have known, that her child A was not being properly supervised when she took a nap. The Family Court then dismissed the branches of the neglect petitions alleging that the defendant mother neglected child A and derivatively neglected the other children in allowing child A to fall out of a window in her apartment.
A New York Child Custody Lawyer said the court finds that the Family Court erred in dismissing the branches of the neglect petitions alleging that the mother failed to protect the children from witnessing domestic violence. ACS established by a preponderance of the evidence that there was a 12-year history of domestic violence between the mother and the respondent father which was witnessed and often required the children to intervene. Moreover, there was sufficient evidence to establish that the children witnessed the incident when respondent father fought with the mother and struck her with a cooking pot. This evidence was sufficient to support a finding of neglect against the mother. Evidence of acts of severe violence between parents in the presence of their children is sufficient to show that the children’s physical, mental, or emotional conditions are in imminent danger of becoming impaired within the meaning of Family Court Act § 1012 (f) (i) (B).
Further, a Suffolk County Family Lawyer said the Family Court erroneously dismissed the branches of the neglect petitions alleging that the mother failed to protect the children from the excessive use of corporal punishment by respondent father. ACS established by a preponderance of the evidence that respondent father used excessive corporal punishment on the children. ACS also established by a preponderance of the evidence that the mother should have known about the use of excessive corporal punishment. This evidence was sufficient to support a finding of neglect against the mother for the failure to protect the children from excessive use of corporal punishment.