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Father Petitions Court for Custody

A New York Family Lawyer said that in two related proceedings pursuant to Family Court Act article 10, Appellant appeals, as limited by his brief, from so much of an order of disposition of the Family Court, Kings County, as, after a hearing, only awarded him supervised visitation with the subject child.

The Court, in its decision ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

A New York Child Custody Lawyer said that the appellant contends that he is entitled to unsupervised visitation with his child. Since the Family Court is in the best position to evaluate the testimony, character, and sincerity of the witnesses in weighing the many factors required for a determination of custody, ‘the determination of whether visitation should be supervised is a matter left to the Family Court’s sound discretion and its findings, to which deference is to be accorded, will not be disturbed on appeal unless they lack a sound basis in the record’ ” Here, the Family Court’s determination that supervised visitation would be in the child’s best interests have a sound basis in the record.

In another case, a two related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from an order of the Family Court, Kings County issued on 2009, which denied her motion to hold the foster mother in civil contempt for the alleged failure to comply with provisions of a prior order of the same court on 2007, and denied her application to consider her relatives as possible foster care placement resources for the subject child during the pendency of a hearing on that branch of the petitioner’s motion which was for permission to remove the subject child from the foster mother’s home.

A Staten Island Family Lawyer said the Court ORDERED that the order of the Family Court is affirmed, without costs or disbursements.

A Kings County Visitation lawyer said that, contrary to the mother’s contention, the Family Court properly denied her motion to hold the foster mother in civil contempt for the alleged failure to comply with provisions of a prior order which required that the subject child be taken to weekly therapy appointments, and that both the subject child and her younger sister have visitation with their siblings. In order to sustain a finding of civil contempt, a court must find that the alleged contemnor violated a lawful order which clearly expressed an unequivocal mandate, and that, as a result of the violation, a right or remedy of a party to the litigation was prejudiced. Here, as the Family Court recognized, the children were in the custody of the petitioner, Administration for Children’s Services, and thus, the provisions in its prior order requiring that the subject child be taken to weekly therapy, and that both children have visitation with their siblings, were properly directed only at the petitioner agency. Moreover, the mother failed to show that the foster mother’s alleged disobedience of the prior order prejudiced any legal right or remedy which she has in this child protective proceeding.

Furthermore, a Staten Island Child Custody Lawyer said that under the circumstances of this case, there is no merit to the mother’s contention that the Family Court should have expanded the scope of a limited hearing it was conducting on that branch of the petitioner’s motion which was for permission to remove the subject child from the foster mother’s home to consider the mother’s relatives as possible foster care placement resources for the subject child.

When a divorce decree was issued by the Court, custody of a child of the separating parties will be awarded to the parent who is fit to take care of the child. The best interest of the child will be taken into consideration. Thereafter, the other parent may be granted also a visitation rights to the child. Here in Stephen Bilkis and associates, our prospective client, either the visiting parent or the custodian of the child will be guided accordingly by our Kings County family lawyers. For awarding of proper custody, we also have our Kings County Child Custody attorneys whom you can consult anytime.

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