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Articles Posted in domestic violence

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Court considered the right of the ACS supervise a non-offending parent. In re Danna T., 2024 N.Y. Slip Op. 24008 (N.Y. Fam. Ct. 2024)

In New York, the Administration for Children’s Services (ACS) plays a crucial role in safeguarding children who are victims of abuse or neglect by their parents or caregivers. ACS is tasked with investigating reports of child maltreatment and ensuring the safety and well-being of vulnerable children. When allegations of abuse…

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Father failed to show changed circumstances such that a custody modification would be appropriate. James v. Tammy, 45 A.D.3d 1358 (N.Y. App. Div. 2007)

James v Tammy involves one parent petitioning the court for a change in the child custody arrangement due to a change in circumstances.  In New York, a change of circumstances, as a prerequisite for custody modification, necessitates a substantial and material shift affecting the child’s well-being. Courts scrutinize alterations in…

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Family Court dismissed case because the parties did not have a family or intimate relationship. Coleman v. McKenzie, 2022 N.Y. Slip Op. 50514 (N.Y. Fam. Ct. 2022)

In New York, Family Court can only adjudicate matters that involve people in “familial” relationships. Generally, familial relationships are blood relationships, marriage relationships, and intimate relationships. Note that an intimate relationship does not have to be a sexual relationship.  However, it does need to be more than a casual friendship.…

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What impact should domestic violence have on a custody determination? Wissink v. Wissink, 749 N.Y.S.2d 550 (App. Div. 2002)

In Wissink v. Wissink, there was conclusive evidence that the father physically abused the mother.  However, there was also conclusive evidence that the father never physically abused the daughter and that the daughter wanted to live with him.  The issue that the Appellate Division considered was the impact of a…

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A family court can grant a protection order prohibiting a minor from contacting a child, even though the minor is too young for criminal prosecution.  Emily K. v. Luis J., 997 N.Y.S. 2d 510 (2014)

In New York, a family court proceeding, pursuant to Article 8, allows a petitioner, the opportunity to civilly address an action that would otherwise be a crime. A family court proceeding under Article 8 is entirely different from a criminal prosecution for the same types of allegations, or even the exact…

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