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Court Decides Visitation Rights Issue

This matter deals with Rosita Ram – Parker as the petitioner and Piliganor Parker as the respondent. A New York Family Lawyer said the case is being heard in the Family Court of Bronx County. The respondent has motioned to have an order to vacate a four year final order of protection vacated. This order was issued upon default in the Family Court of Queens County. The protection order requires that the respondent stay away from the petitioner Rosita Ram – Parker and their three children.

Case Procedure History

The petitioner, Rosita Ram – Parker filed an instant family offense petition in the Family Court of Queens County on the first of August, 2006. The petition alleged that the respondent Piliganor Parker had physically assaulted her on a number of occasions and had threatened to shoot her.

Mr. Parker was served with a copy of the summons and the petition, but did not appear on the return date of the petition, which was the 7th of September, 2006. An inquest was conducted on that date and the Judge found aggravating circumstances. For this reason, the Judge granted a final order of protection for a term of four years. The respondent was required to stay away from the petitioner and her children. He was not to communicate with them in any way or commit any acts that constituted a family offense against the petitioner and the children.

On the 8th of September, 2006, the respondent father filed a petition in Queens County Family Court seeking visitation rights with the children. A New York Custody Lawyer the petition was denied without prejudice on the 17ht of October, 2006 as neither party appeared. It is unclear whether the father served the mother with the petition at that time.

Matters remained the same until November of 2007 when the Administration for Children’s Services filed neglect petitions against the mother in the Family Court of Bronx County. It was alleged that the mother had engaged in sexual intercourse with a twelve year old minor and that the home and the children were malodorous. The father had no contact with the children since the family offense petition in 2006.

In April of 2008 the mother withdrew her denial of the neglect petition and submitted jurisdiction to the Family Court. The court found that the mother had neglected the children. A Queens Family Lawyer said during the pending neglect proceedings the father filed an instant motion in the Family Court of Queens County seeking the protection order be vacated or at least modified. The court denied the instant motion based on excusable default and a meritorious defense. It was determined that the petition had to be denied because more than a year had elapsed since the motion had been filed. It is this order that is being appealed by the respondent.

Case Decision

A Nassau County Family Lawyer said that after reviewing the facts of the case the motion by the respondent is denied in its entirety, except to the extent that the court orders a periodic review of the case in order to determine the continuation of the protection order and the request of Mr. Parker to visit his children is granted with the best interest of the children standard.

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