Guardianship in New York involves a legal arrangement where someone, known as a guardian, is appointed to make decisions on behalf of an individual who is unable to make decisions independently. This often arises in situations where the person, called the ward, faces challenges due to age, disability, or other…
Custody cases are not always between parents. A substantial number of cases heard by Family Court in New York involve other relatives, including grandparents. In the Matter of Chariss C. v Jose G., the court was asked to decide whether to grant the petitioning grandmother guardianship over her two grandchildren…
A guardian of a minor is a person appointed by the court to make decisions for a child in the event that the parents are unwilling, unavailable or unfit to care for the child. While the court will typically appoint a family member or a close friend to be the…
NY Slip Op 2017 00651 February 1, 2017 This is a guardianship proceeding held pursuant to Mental Hygiene Law Article 81. In this case, Dimitrios Spanos a successor guardian for Yolanda TM sought to settle his account. He is appealing from and Order of the Supreme Court entered on 12/12/13…
May 4, 2016 Judge Spina commented that in the Guardianship of V.V. 470 Mass 590 (2015) the court ruled that a parent who has a minor child subject to a guardianship proceeding pursuant to G.L. c. 190B. Sec. 5-206 and can’t afford a lawyer does indeed have a right to…
Jeffery Kaplan, Esq. of Levine & Kaplan for Petitioner Ari Gourvitz, Esq. of Gourvitz and Grourvitz for Respondent The parents jointly sought child custody to the Petitioner mother, and voluntary termination and surrender of the father’s parental rights. At the time of the hearing the child was one year old.…
On or about October 8, 2004, petitioner commenced a proceeding pursuant to Article 81 of the Mental Hygiene Law for the appointment of a Guardian for his father, respondent an Alleged Incapacitated Person. The Petition alleged that as the result of a stroke occurring during a routine cardiac catherization,…
The simple description of the cause of action in this endorsed complaint, “failure to provide proper services,” belies the difficult legal and human issues that are presented by this claim by a daughter, on behalf of her incompetent mother, against the brother and wife who took the mother in,…
This private placement adoption action presents a number of intertwined legal issues that highlight the shortcomings of the private placement adoption statutes in New York State. The infant who is the subject of the case has now been in the home of the petitioners since February 21, 1998 without…
It has been observed by our court that “the natural right of visitation jointly enjoyed by the noncustodial parent and the child is more precious than any property right” and that “the best interests of the child would be furthered by the child being nurtured and guided by both…