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S.L. v J.R. NY Slip Op 04442
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Estrellita v. Jennifer L.D.
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.
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In re: Gabriella
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.
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Granger v Misercola
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.
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In Re: T.P. U.P. CP Children Under 18 Years Alleged to be Neglected by Tony G., Respondent
The neglect proceeding was heard pursuant to Article 10 of the Family Court Act. The Respondent has been accused of perpetuating various acts of violence against the children’s mother in front of the children and has been accused of using excessive corporal punishment. R was also accused of being an alcoholic. R was also prosecuted in criminal court which was dismissed.
The Respondent said that criminal records should not have been used (the arresting officer used them to refresh his memory).
On cross-examination, the officer testified that before attending the neglect proceeding he had reviewed criminal paperwork, the Domestic Incident Report (DIR) and his memo book to refresh his memory.
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In the Matter of Brooke, Respondent v. Elizabeth A.C.C. Respondent
This case calls on the court to assess the continued fairness of a rule discussed originally in a case known as the Matter of Alison D in Virginia (77 NY 2d 651 [1991]/ Where an unmarried couple has a child, and one partner doesn’t have a biological connection to the child. This affects the child’s parent in terms of standing to seek custody and visitation pursuant to Domestic Relations Law section 70 (77 NY 2d 655). The petitioners seek custody and visitation in the present case. The court agrees that the definition of a parent as established in the older case has now become unfair.
The Petitioner and Respondent were involved in a romantic relationship back in 2006 and subsequently announced their engagement. It was only just a gesture because legally at the time the couple could not get married. Same-sex marriage was not legal in New York, and they did not have the resources to travel out of state.
They decided to have a child together. In 2008, the respondent became pregnant via artificial insemination. The Petitioner was involved throughout the pregnancy. They raised the child jointly as a couple. However, in 2013, their relationship ended.
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J.F. v. Superior Court (2016)
No: GO53597 Fourth Dist. Division Three
This case is an appeal by the mother of a three-year-old child, and the Social Services Administration (SSA). The mother’s petition for a Writ of Mandate from an order terminating reunification services and setting a Welfare Institutions hearing pursuant to code section 366.
Allegations
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New York Court Rules that Parental Eavesdropping on Kids is Legal
People v. Badalamenti
NY Slip Op 02556
The highest court in New York has held that parents can legally eavesdrop on their children if they believe that it is in their best interests. This ruling by the New York State Supreme Court established an exception to existing wiretapping without consent laws.
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Appellate Court Holds that Substantive Evidence Required to Prove Neglect Allegation
In Re: T.G. a Minor Allegedly Neglected by P.G. – No. NN-20507/15
This matter came to the court on inquest after the respondent failed to appear on three different occasions. The petition alleges that the respondent neglected her child and failed to provide proper guardianship and supervision.
In a child neglect case, the petitioner is required to prove by a preponderance of material and relevant evidence that the subject child’s emotional, physical and mental well-being was impaired (FCA 1046 (b)(1). It must also be proven that the harm to the child was directly caused by the respondent’s failure to provide a minimum degree of care (Nicholson v. Scopetta, 3 NY 3d 357, 368 (2004).
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Defendant is Charged with Endangered with the Welfare of a Child
The Defendant is charged with Endangering the Welfare of a Child, in violation of Penal Law § 260.10(1), and two counts of Public Lewdness, in violation of Penal Law § 245. It is alleged, in sum and substance, that on March 15, 2008, at approximately 2:10 p.m. and 2:40 p.m., in a public men’s room at the Mall, the Defendant “did expose his penis and masturbate his penis with his hand in clear view of the victim, a 13 year old boy.”
A lawyer said that the Defendant was allegedly identified by the boy and held by Mall security until the police arrived following their notification. The Defendant was placed under arrest, at approximately 3:20 p.m. on the date of the alleged incident outside and escorted to a police substation on the Mall’s lower level by two Nassau County Police Officers. At approximately 4:15 p.m., following questioning by a Nassau County Detective, the Defendant signed a three and one-half page statement regarding the alleged events.
The Defendant challenges the admissibility of this statement with a three prong attack. The Defendant alleges that the statement was the result of a custodial interrogation and that he was never advised of his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602 (1966). In the alternative, the Defendant argues that, even if he was advised of his rights, he was unable to make a knowing, intelligent and voluntary waiver thereof due to the fact that he suffers from an obsessive compulsive disorder (“OCD”) which, combined with the effects the arrest and interrogation procedures had on his condition, prevented him from comprehending these rights. Pursuant to stipulation of the parties, on July 29, 2009, July 30, 2009, August 12, 2009, October 1, 2009 and November 5, 2009 the court conducted a hearing pursuant to People v. Huntely, 15 NY2d 72, 255 NYS2d 838 (1965) regarding the voluntariness of statements attributed to the Defendant following his arrest on March 15, 2008.