Petitioner filed a family offense petition in wherein she alleged in pertinent part that respondent physically assaulted her on numerous occasions and threatened to shoot her. A New York Family Lawyer said although served with a copy of the summons and petition, respondent did not appear on the return date…
Articles Posted in Custody
Court Decides Jurisdiction in Custody Case
Petitioner father and respondent mother are the parents of the four subject children, and have resided together in the Bronx and Albany. In 2005, respondent and the children were living in Albany. A New York Family Lawyer said the petitioner lived in the Bronx at that time, and visited the…
Birth Mother Attempts to Reverse Adoption
A pregnant woman, who was then 20 years of age, unmarried and at her sixth month of pregnancy, sought her obstetrician’s assistance in placing her forthcoming child for adoption. The doctor, the woman’s obstetrician then contacted an interested young childless couple. A New York Family Lawyer said as a result,…
Court Decides Jurisdiction Issue in Family Law Case
This original application for a writ of prohibition arises out of the new law (L.1978, c. 481), imposing criminal responsibility on juvenile offenders for certain crimes. Sodomy in the first degree is one such crime (PL § 30.00(2)). A Bronx Family Lawyer said that, petitioner, a 15 year old juvenile…
Court Decides if Child Protective Services are Immune from Liability
Plaintiffs are siblings, born on December 29, 1976 and January 16, 1980, respectively. They were removed from the custody of their natural parents in February 1982 after it was determined that the five-year-old child had contracted gonorrhea of the throat. The children were first placed with defendant Society and, after…
Maternal Aunt Seeks to Adopt Child
A New York Family Lawyer said that, in this adoption proceeding pursuant to Article 7 of the Domestic Relations Law, authorized child care agency (Agency), by motion filed June 30, 2011, moves the court to dismiss the private-placement adoption petition filed by pursuant to Domestic Relations Law § 115. Petitioner…
Court Rules on Adoption Proceeding
A New York Family Lawyer said that, the family of the now-15 year old child has been involved with the child welfare system since 1998, when child abuse proceedings were brought against her parents. As best can be told, her father was never involved in her life thereafter. Her mother…
Petitioner Moves for a Change in Child Custody
The mother of this child petitioned Supreme Court, Special Term, and upon this basis an order was issued requiring the father to show cause why the infant daughter of the parties should not be returned to the mother’s custody. A New York Family Lawyer said that, on October 2, 1961,…
Court Decides Criminal Case Regarding Child Neglect
In this criminal case, one of the allegations in the neglect proceeding involves defendant’s purported violation of an interim order of protection issued by a Family Court judge. In its earlier decision dated June 15, 2012, this Court ruled, inter alia, that the claim of double jeopardy had not ripened…
Court Determines Whether Legal Guardians Acted in Good Faith
Sometime in August 1987, a child (the subject child) who was then 5 years of age was brought by her mother, the plaintiff, to a certain hospital with complaints of constipation and occasional bloody stools. Defendant A, a doctor, examined her in the presence of another doctor, B, and suspected…