Guardianship Law

Published on: November 21, 2015

Petitioner Claims Respondent Failed to Provide Proper Services in Guardianship Case

by Stephen Bilkis

The simple description of the cause of action in this endorsed complaint, “failure to provide proper services,” belies the difficult legal and human issues that are presented by this claim by a daughter, on behalf of her incompetent mother, against the brother and wife who took the mother in, and against the agency that provided home care services.

Plaintiff DJ is the guardian of the person and property of SN, who is now 75 years old and resides in River Manor Care Home. As described in the order appointing Ms. DJ to serve as her mother’s guardian, mother SN “suffered a stroke that has rendered her aphasic she has partial paralysis, can no longer swallow. she is nonambulatory her cognition is nonexistent and she suffers from hyperthyroidism and vascular dementia.” From February 1998 until October 2001, mother SN resided with her son, defendant RN, and his wife, defendant JN. During that period, she received home care services from defendant Rockaway Home Attendant Services, Inc., a licensed home care services agency. In October 2001, mother SN was hospitalized for a month, and then transferred to the nursing home.

Published on: November 7, 2015

Petitioners Contend with Complicated Adoption

by Stephen Bilkis

This private placement adoption action presents a number of intertwined legal issues that highlight the shortcomings of the private placement adoption statutes in New York State. The infant who is the subject of the case has now been in the home of the petitioners since February 21, 1998 without the benefit of a valid adoption consent from the parents or a currently valid preadoption certification order.

The adoption agency that originally accepted custody of the child is no longer supervising this placement because it was not licensed in the State where the child was born. Additionally, the fees charged by the principals involved may not be entirely allowable under New York State law.

Published on: November 6, 2015

Court Resolve Case Regarding Interference With Visitation

by Stephen Bilkis

It has been observed by our court that “the natural right of visitation jointly enjoyed by the noncustodial parent and the child is more precious than any property right” and that “the best interests of the child would be furthered by the child being nurtured and guided by both of the natural parents”. Indeed, a custodial parent’s interference with the relationship between a child and a noncustodial parent has been said to be “an act so inconsistent with the best interests of the child as to per se raise a strong probability that the offending party is unfit to act as a custodial parent”. Such interference with the relationship between a child and a noncustodial parent can take many forms, the obvious being the outright denial of visitation by making the child physically unavailable at the appointed time. However, the instant case involves a more subtle and insidious form of interference, a form of interference which, in many respects, has the potential for greater and more permanent damage to the emotional psyche of a young child than other forms of interference; namely, the psychological poisoning of a young person’s mind to turn him or her away from the noncustodial parent. In this case, if left with their mother, the children would have no relationship with their father given the mother’s constant and consistent single-minded teaching of the children that their father is dangerous. She has demonstrated that she is unable and unwilling to support the father’s visitation; and it was, therefore, an improvident exercise of discretion to deny the father’s petition for a change of custody.

The parties herein were married on August 21, 1982, and had four children together. The father left the marital residence in November 1988, and a divorce action was commenced the following month. Following a trial on the issues of equitable distribution, support, and maintenance held in April 1991, a memorandum decision was issued on June 1, 1992. Although the father had, during the early stages of the divorce action, stipulated to the mother having custody of the children, he moved, by order to show cause dated June 17, 1992, inter alia, for a change of custody to him, with the mother to be given only supervised visitation based upon what he claimed to be the mother’s “bizarre and dangerous behavior” which was “calculated to destroy the children’s relationship with him”.

Published on: October 3, 2015

Court Decides Private Placement Adoption Action

by Stephen Bilkis

This private placement adoption action presents a number of intertwined legal issues that highlight the shortcomings of the private placement adoption statutes in New York State. The infant who is the subject of the case has now been in the home of the petitioners since February 21, 1998 without the benefit of a valid adoption consent from the parents or a currently valid pre-adoption certification order. The adoption agency that originally accepted custody of the child is no longer supervising this placement because it was not licensed in the state where the child was born. Additionally, the fees charges by the principals involved may not be entirely allowable under New York State law.

There is little statutory or caselaw guidance available to assist the court in unraveling these dilemmas, and few satisfactory remedies available for the obvious failures of those charged with caring for this child to follow the statutory requirements contained in the Domestic Relations Law. What seems apparent, however, is that along the way many purportedly well-intended people ignored the law, creating a situation that puts this adoption in jeopardy.

After an initial review of the adoption petition and the supplementary documents supplied by petitioner’s counsel with his letter dated August 3, 1999 the court issued a decision identifying legal issues of concern.

Published on: May 4, 2015

Court Discusses Outcome of Juvenile Hearing

by Stephen Bilkis

The respondent has moved to vacate this Court’s order dated February 21, 2007 which, upon his consent, extends his placement with the New York State Office of Children and Family Services (“OCFS”) as a juvenile delinquent for twelve months and directs that OCFS continue respondent’s present placement with L & W, an authorized agency within the meaning of Social Services Law §371 (10).

In support of the motion to vacate the Court’s order extending his placement with OCFS for L & W, respondent contends that: (i) the Family Court was without jurisdiction to extend placement; (ii) the proceedings were defective in that the Court did not have the authority to reconvert the proceeding from a Person in Need of Supervision (“PINS”) proceeding to a juvenile delinquency proceeding; and (iii) even assuming that the Court had jurisdiction to extend placement with OCFS that placement could not be extended beyond his 18th birthday without his consent.

Published on: April 8, 2015

Court Decides to Appoint Natural Mother as Guardian to Start Obtaining Legal Residency for Kids

by Stephen Bilkis

In this appeal, we conclude that the subject children, facing the possibility of being separated from their only parent and returned to their native country where gang members have threatened their lives, may seek to have their natural mother appointed as their guardian as a first step toward obtaining legal residency in the United States.

The subject children, Samuel D.H., Marisol N.H., and Silvia J.H., ages 19, 18, and 16, respectively, were born in El Salvador to Miriam A.G. (hereinafter the mother) and Leonidas H. (hereinafter the father). According to the allegations made in support of the petitions, the father drank often, and he verbally and physically abused the mother. When Samuel was just four years old, the mother left the father, taking the children with her to her mother’s home. The father never again had meaningful contact with the children; he did not provide them with any financial support, give them any birthday or Christmas presents, or show any interest in them.

Published on: October 13, 2012

Child Placed in Foster Care Due to Parent’s Drug Use

by Stephen Bilkis

This matter deals with Michael D. who is a child that is under the age of eighteen and has been allegedly neglected by Tiffany D. This case is being heard in the Family Court of New York in Bronx County.

Case Background

The child in this case, Michael D. is only two years old. On the 5th of August, 2010, the attorney for the child moved to show case that the Administration of Children’s Services along with its contract agency, Little Flower Children and Family Services of New York were in contempt for disobedience of mandates that were made by the court. A New York Family Lawyer said the attorney for the child alleges that both the ACS and Little Flower agency violated the orders that were made in this court on the fourth of March, 2010 and the tenth of May, 2010, and these violations impaired and were prejudice against the child in the pending neglect proceeding.

Published on: October 7, 2011

Edwards’ Daughter To Wed

by Stephen Bilkis

The daughter of Elizabeth Edwards gave her mother the greatest piece of news she’d ever receive: she was getting married. Just days before Beth passed away after a long struggle with cancer, her daughter Cate let her know she was engaged to her longtime love, a doctor, said a New York City Family Lawyer. For Edwards, who has seen her life take on a roller coaster ride that few would ever endure for as long as she did, it was the news that helped her leave this world with a smile on her face. Reaction in Nassau and Suffolk Counties was very positive.

Cate is an anti-discrimination attorney in Washington D.C. and friends have said that she and her mother are remarkably similar. The two were as close as any mother and daughter could be, often chit chatting on the phone for hours on end about every little thing one could think of. Friends said that they even held their phones the same way!

For Beth, it was needed joy. After learning that her ex-husband, the famed John Edwards who famously ran as Vice President with John Kerry in a losing effort in 2004, had cheated on her in a high profile and public fashion, she was diagnosed with cancer, notes a New York City Family Lawyer. She had fought cancer once before, beating it back, but this latest return was considered much grimmer. Thankfully, before she died, she got to smile one last time knowing she would be a grandparent.