January 22, 2016
Attorney for Petitioner was Maria V. De La Cruz of Jamaica. The attorney for the defendant was Heather Lothrop of Kew Gardens.
The respondent Sandy C. filed for an Order Compelling the Petitioner, Carlos L., to serve a bill of particulars, which is granted (Civil Practice Law and Rules sec. 3041. 3042 [a]).
Slip Op 07087
October 27, 2017
This is regarding an order for disposition regarding four children, entered on August 2014, and brings up an issue of a fact-finding order. It was concluded that the father (respondent) had neglected the children, which was affirmed. The order was affirmed to the degree that it was found that the father had neglected a fifth child. A subsequent appeal on this issue was dismissed.
Slip Op 06475
October 52016
This is an appeal by the plaintiff to enforce portions of a divorce judgment from Westchester County, which was entered in December of 2013. In the judgment, the defendant was ordered to maintain his term life insurance until the 20-year term expired. The court ordered the judgment modified by deleting number 21 decretal paragraph, as so modified. The judgment is affirmed and remitted to the Superior Court of Westchester County for a hearing and entry of judgment of divorce. This will include replacement of the 21st decretal paragraph directing both parties to maintain their existing life insurance policies, naming their children as the beneficiaries. The plaintiff is to maintain her policy for 20 years and the defendant’s whole life insurance policy (#4819835) and its cash surrender value is the, in defendant’s separate property.
2016 NY Slip Op 06816
October 19, 2016
This is an appeal by Norman Rosner for a decision by the Supreme Court, decided on June 26, 2014. The order granted the motion of Christine Rosner, where she was to recover real estate taxes which she was paid on Norman’s behalf to recover Norman’s share of the children’s health insurance costs and unreimbursed medical expenses, direct the sale of the former residence and denied Norman’s cross motion. That motion was to recover damages for fraudulent conversion and dismissed his petition for Christine’s child support obligation and award child support arrears. Order affirmed.
April 26, 2016
The biological mother (petitioner) Beverly L. surrendered her parental rights of her 2 daughters Kendall and Brooke, and her son Zachary. She signed a Judicial Conditional Surrender reserving the right to visit her children and has done so many times.
The mother filed 2 different orders to show cause to obtain custody of her children due to a failed adoption by the respondent. The mother tells several disturbing stories where both of her daughters were sexually abused by two different men. One child was abused by the adoptive father, the other child was abused by an unrelated third party. The boy was reported bullied in the adoptive home.
NY Slip Op 07310
October 8, 2015
This is an appeal of the Family Court of Fulton City, which modified a prior custody order.
This case calls upon the Appellate Court to consider the validity of a rule that was decided 25 years ago, in the Matter of Alison D. (77 NY2d 651 [1991]). In this case, an unmarried same-sex couple questioned the rights of responsibilities of having a child, in light of the fact that there was no biological connection between one of the parents and the child. This case discussed the rule that with an unmarried couple, a partner without a biological connection to a child is not considered the child’s parent in terms of standing to bring an action for custody or visitation due to the Domestic Relations Law sec. 70, 77 NY 2d 655). The Petitioners in this case ask for custody and visitation of the child. This court agrees that the rule that has been used through the years regarding this issue is no longer workable.
The parties entered into a romantic relationship and moved in with each other. In 2007, the Petition and Respondent registered as partners and later decided to have a child through artificial insemination. In February of 2008, the Respondent became pregnant. The Respondent had a child, and the Petitioner was there to support the Respondent in every way. The next several years were spent raising the child. But in 2012, they unfortunately decided to end their relationship.
In October of 2012, they began an action seeking child support from the Petitioner. The Petitioner denied any liability in the matter, and also countersued for visitation.
Slip Op 02376
Gabriella was tried as a person who needed supervision (PINS) and placed on one year’s probation. A juvenile delinquency petition was filed against Gabriella alleging physical abuse by her mother. She appeared in family court based on PINS violations and the court eventually remanded her to a detention facility. Gabriella left the facility. Her probation officer, Flores, tried to obtain a PINS warrant.
In March, the police visited Gabriella’s home to execute a warrant. She admits she did not comply and go quietly. Eventually, despite her protests she was taken into custody.
Petitioner was an incarcerated in the New York correctional system and has admitted paternity of a child. He started this proceeding to establish visitation with his child after the mother would allow the child to visit their father in prison. The family court granted the petition, awarding periodic short visits with the child, who was three years old at the time.
The family court noted that the law in New York presumes visitation with a noncustodial parent to be in the child’s best interests. The fact that the parent is incarcerated is not an automatic reason for blocking visitation.
The court determined that the father was involved in the child’s life in a meaningful way prior to him being incarcerated. The father seeks to maintain this relationship. The court has felt that the child was old enough to travel, and would benefit from the relationship. The court also felt that the length of the father’s incarceration would be detrimental to the relationship.
