New York Family Law Blog
In family law cases, the welfare of children is always the priority, especially in cases involving abuse or neglect. This case involving George R. and Adalila R.-S. involves issues of abuse, derivative neglect, custody, and access. The Family Court in Nassau County made multiple findings, which were later modified by the appellate court.
Background Facts
This case involved three children: Alexandria F., Adalila R., and George W. R. George R. was the biological father of the younger two children, but not Alexandria F., who was the child of the mother and another man, John F. The children lived with the mother and George R.
In 2011, the Nassau County Department of Social Services (DSS) initiated proceedings against the mother and George R. under Family Court Act Article 10. DSS alleged that the children were neglected due to domestic violence and substance abuse by the mother and George R. During the investigation, Alexandria F. and Adalila R. disclosed that George R. had sexually abused them.
The court removed the children from the home and placed them in DSS custody. In subsequent proceedings, DSS alleged that George R. severely abused Alexandria F., derivatively abused the other children, and neglected all three. Additionally, George R.’s mother, Adalila R.-S., petitioned for custody of the younger two children.
Question Before the Court
The primary legal questions before the court were:
- Did George R. abuse and neglect Alexandria F. and derivatively neglect the other children, Adalila R. and George W. R.?
- Should George R. be treated as the father of the younger two children for dispositional purposes, including reunification efforts?
- Should custody of the younger two children be granted to George R.’s mother, Adalila R.-S.?
Court’s Decision
The Family Court found that:
- George R. had severely abused Alexandria F., derivatively abused Adalila R. and George W. R., and neglected all three children.
- He would not be treated as the legal father of Adalila R. and George W. R. for purposes of reunification efforts.
- Orders of protection were issued against George R. for all three children until their 18th birthdays.
- The custody petition filed by Adalila R.-S. was denied, as granting her custody was not in the children’s best interests.
On appeal, the appellate court:
- Modified the finding of “severe” abuse to “abuse” concerning Alexandria F., as George R. was not her legal parent.
- Remitted the matter to the Family Court to reconsider dispositional orders and the appropriateness of protective orders concerning the younger two children.
- Affirmed the denial of Adalila R.-S.’s custody petition.
Discussion
The court found that George R.’s sexual abuse of Alexandria F. was substantiated by a preponderance of the evidence, including corroborated testimony from Alexandria F. and expert witness accounts. The court determined that his behavior demonstrated a lack of parental judgment, which posed a risk to all the children in the household. This supported findings of derivative neglect for Adalila R. and George W. R.
While the Family Court initially found that George R. “severely” abused Alexandria F., the appellate court modified this finding. Under the law at the time, only legal parents could be found to have committed severe abuse. Since George R. was not Alexandria’s legal parent, the appellate court reduced the finding to “abuse.”
The appellate court found that the Family Court erred in not treating George R. as the legal father of the younger two children for reunification purposes. The DSS’s own filings had admitted that George R. was their biological father, and the Support Magistrate had issued orders of filiation to this effect. As a result, the Family Court had failed to consider all available dispositional options and reasonable efforts for reunification. The appellate court remitted the matter for further proceedings on these issues.
The custody petition filed by George R.’s mother, Adalila R.-S., was denied. The court determined that granting custody to her was not in the best interests of the children. This decision considered the children’s welfare, stability, and past interactions with the petitioner.
Conclusion
If you or someone you know is facing issues involving child custody, abuse, or neglect, it is important to consult an experienced New York family lawyer. At Stephen Bilkis & Associates, our legal team has the experience to handle sensitive family law matters and provide guidance tailored to your case. Contact us today to discuss your situation and learn how we can assist you.