Articles Posted in Bronx

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A New York Family Lawyer said that in July 2007, the Nassau County Social Services (SS) filed petitions against the respondent , seeking the removal of her two children. On the same date, the respondent filed petitions seeking the return of her sons pursuant to FCA § 1028. A hearing was held and respondent’s return petition was denied and the children remained in the custody of the Social Services.

A Nassau County Family attorney said that, the respondent consented to a finding of neglect in the underlying neglect petition. A New York Custody Lawyer said that the Order of Custody to SS was vacated, a one year Order of Supervision was entered and the children were returned to the respondent. The terms of the Order indicated that the respondent was to cooperate with SS and Preventive Services, and attend the PACT program. The respondent voluntarily placed the children in foster care, as she reported to be suffering from depression at that time. The children were placed in the home of a certified foster parent, where they continue to reside. The two children were three years old and ten months old at the time that they were placed in foster parent’s home.

The respondent gave birth to her third child. Thereafter, SS filed a neglect petition against the respondent, on behalf of this child. A Bronx Family Lawyer said the Children Services additionally filed neglect petitions against the respondent in Queens County, where the respondent had been living, regarding the same child. The Queens County Court paroled the child to the non-respondent father, with supervision by Children Services. Additionally, the Court issued a Temporary Order of Protection, which vacated the respondent from the home, prohibited the respondent from having any contact with the child if under the influence of drugs or alcohol and only allowed for agency supervised visits. Upon consultation with this Court, the case was transferred to Nassau County Family Court.

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A New York Family Lawyer said this is a petition brought by an authorized agency under Social Services Law § 384-b[7] seeking to commit the guardianship and custody of the children, A (d.o.b. 1/14/91), B (d.o.b. 3/6/94), and C (d.o.b. 6/14/01) to the agency for the purpose of consenting to the adoption by their foster mother, who is their mother’s sister.

The respondent M is the children’s mother. The respondent F is the children’s father. The children came into foster care in July 2001, following C’s birth with positive toxicology for heroin. The children were then placed following the mother’s admission to neglect based upon heroin addiction.

The court at the time of placement in November 2001, directed that the mother enter an inpatient drug program and complete a parenting skills class.

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The parties were married in California thereafter they resided together in Orange County, New York. A New York Family Lawyer said the respondent wife moved out of the marital residence. She was approximately seven months pregnant at the time. She filed a family offense petition in Orange County Family Court and was granted an ex parte Temporary Order of Protection against her petitioner husband. Through her attorney, she notified the Family Court that she was withdrawing the family offense petition which had not as yet been served upon her husband, and that she was leaving for the holidays with her family. That same day, she left New York and returned to her parents’ home in Alexandria Minnesota. She wrote to her husband she would be back with her parents. She did not return home to the marital residence after the holidays as she had previously indicated. The husband thereupon commenced an action for divorce by filing a Summons with Notice.

The infant child was born in Alexandria, Minnesota. A New York Child Custody Lawyer said the instant Writ of Habeas Corpus was issued by the court and was made returnable. The writ was adjourned on consent to February 17th, on which date both the counsel and the complainant husband appeared and oral argument was held. The court waived the appearance of the infant who was only several days old when the writ was issued, and had developed some health issues. In the meanwhile, the respondent wife filed a petition in District Court of Douglas County, Minnesota for legal and physical child custody, child support, and to schedule parenting time for the husband.

The issue of whether a petition for a writ of Habeas Corpus confers to the subject matter jurisdiction upon the Court to adjudicate the parties’ child custody dispute when the child is outside the State of New York when the petition was filed. A Bronx Family Lawyer said it is also an issue whether New York or Minnesota is the home state assuming the court does have subject matter jurisdiction.

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In 1996, a paternity and child support proceedings were initiated against a man regarding a child, born out of wedlock. A New York Family Lawyer said the matter was scheduled but on the day the man failed to appear. After an inquest, the court entered an order declaring the man to be the father of the child and immediately referred the issue of support to a hearing examiner.

In 1997, the hearing examiner issued an order requiring the man to make weekly payments for the benefit of the child and pay the counsel fee within sixty days from the date ordered. A New York Custody Lawyer said the directive was duly served on the man by mail. In 1998, the man failed to make any payments in any way for the benefit of the child.

The county’s department of social services commenced an action against the man in the family court based on his willful failure to comply with the order.

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In 1962, the accused left his wife and four minor children in California. His wife then entered into ‘a common law situation’ with a partner and adopted the name of her partner. A New York Family Lawyer said that thereafter, she applied in California for public assistance for the children claiming that she did not receive any support from the accused. In 1971 she signed a misdemeanor complaint charging him with nonsupport. It was later determined that appellant was residing in New York and later, a reciprocal support petition was forwarded to the Family Court in New York. Thereafter, the court ordered that appellant to pay $16 a week for child support.

A New York Child Custody Lawyer said that the mother signed a felony complaint in California charging that appellant did ‘willfully, unlawfully and feloniously and without lawful excuse, omit to furnish’ support for his min children in violation of section 270 of the Penal Code of California. The complaint was sworn to before a Judge of the Municipal Court who then issued a warrant for appellant’s arrest. He was arrested at his home in New York and held pending extradition proceedings.

Thereafter, an investigator from the District Attorney’s office in Orange County, California, sent an application for requisition to the Governor of California. The application states that appellant is properly charged, in due form, in accordance with the laws of this State with the crime of violation of section 270 of the California Penal Code, a felony, committed in the county of Orange’ and ‘That said fugitive from while out of the State of California, committed acts intentionally resulting in said crime in said county. In an affidavit attached to the application, the mother recited the history of the case as indicated above and also stated that she had not received any support from the accused since the entry of the New York Family Court order. In another affidavit to the same effect Woodington noted that ‘this office has received no funds from the defendant’. Both of these affidavits were sworn to before a Judge of the Municipal Court of Orange County.

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This case stemmed from a divorce action between parties dated May 5, 2005. After the trial, the Family Court ordered a judgment of divorce. A New York Custody Lawyer said the judgment also set forth the support obligations of the father. The father made objections to the order of the court but the same were denied. In his letter dated June 29, 2009, he also made objections to a cost-of-living adjustment order dated March 21, 2009, and after a hearing, the court found that his objections were untimely, and denied his objections with prejudice. Later on, the father filed an appeal assailing the order of the Family Court, particularly its child support provision.

In the parties’ judgment of divorce dated May 5, 2005, the father’s weekly support obligation was set at $235.72. Upon the mother’s application, the support collections unit (SCU for brevity) issued a cost-of-living adjustment (COLA for brevity) order dated March 21, 2009, that increased the father’s weekly support obligation to $267. More than three months later, by letter dated June 29, 2009, the father raised objections to the COLA order, explaining that, although he had received a notice from the SCU in February 2009 of the availability of a COLA to his child support obligation, he never received a copy of the COLA order dated March 21, 2009. Later on, the father admitted that he had previously received the notice of the COLA instructions at his residence, one month prior to the date of the COLA order.

A New York Custody Lawyer said the Support Magistrate denied the father’s objections with prejudice as untimely, finding that the father offered no credible evidence to rebut the proper mailing by the SCU to him of the instructions for filing objections and the COLA order. The father then filed objections with the Family Court, which denied his objections.

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A New York Family Lawyer said a woman filed an action for various forms of relief. In arriving at the instant decision, the court received and considered the woman’s motion with exhibits, the complainant’s affirmation in opposition with exhibits and the woman’s reply confirmation.

The complainant permitted to an in camera review by the court of the minutes of the grand jury proceeding and have provided a copy of the minutes and the grand jury exhibits to the court for review. The complainant provided the woman with a response to the requests for discovery, bill of particular materials and consent to hearings. The complaint also opposes the motion in all other respects.

The court also examined the minutes of the grand jury presentation, and it is the decision of the court if the evidence presented is legally sufficient to support the charges. Moreover, a New York Custody Lawyer said the grand jury was adequately instructed on the law and the proceeding.

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A New York Family Lawyer said that, in a matrimonial action in which the parties were divorced by judgment of divorce entered May 5, 2003, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County, dated September 2, 2008, which denied her post judgment motion to hold the defendant in contempt, sua sponte vacated the child support provisions of the parties’ separation agreement on the ground that they did not comply with Domestic Relations Law § 240(1)(b) and (h), and set the matter down for a de novo hearing on the issues of child support, child care expenses, and health care expenses, and (2) an order of the same court dated February 4, 2009, which denied her motion for leave to renew and reargue.

The issue in this case is whether defendant should be held in contempt for vacating the child support provisions in the separation agreement.

A New York Custody Lawyer said that, following almost seven years of marriage, the plaintiff and the defendant were divorced by judgment entered May 5, 2003, which incorporated, but did not merge with, the parties’ separation agreement, whereby, among other things, the plaintiff retained custody of the parties’ daughter, and the defendant was directed to pay child support in the sum of $250 per week. As a result of the defendant’s allegedly sporadic payments of child support, the plaintiff moved to hold the defendant in contempt of court pursuant to Domestic Relations Law § 245 and Judiciary Law § 753, for his contumacious failure to pay child support, thus accumulating arrears of $52,155.

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A New York Family Lawyer said that, by motion dated January 5, 2009, respondent seeks to dismiss the instant proceeding, alleging that she is not a licensee and therefore cannot be evicted in a summary proceeding. Petitioner opposes the motion and, pursuant to CPLR 3212 (b), requests summary judgment and a judgment of possession. A Suffolk Divorce Lawyer said that, according to the affidavits of the parties, respondent, a 42 year-old attorney, is petitioner’s daughter-in-law and was married to petitioner’s son in 2001. Soon thereafter, the couple moved into the subject premises located at 345 Harbor Drive, Oyster Bay, New York. The premises are described as a “beach cottage” located on a parcel of land solely owned by petitioner, whose own residence is on the same parcel of land. Respondent and her husband resided together at the subject premises with the permission of petitioner until March 2007, when respondent’s husband moved out. Respondent’s husband then filed a divorce proceeding, which is currently pending in Suffolk County Supreme Court. Petitioner has served respondent with a 10-day notice to quit pursuant to RPAPL 713 and commenced the instant summary proceeding to evict the respondent from the subject premises, contending that respondent is a licensee.

A New York Custody Lawyer said the issue in this case is whether respondent motion to dismiss should be granted on the ground that she is not a licensee and therefore cannot be evicted in a summary proceeding.

The Court held that, pursuant to RPAPL 713 (7), a special proceeding may be maintained” where respondent “is a licensee of the person entitled to possession of the property at the time of the license, and his license has been revoked by the licensor.” Petitioner contends that respondent daughter-in-law was a licensee and that her permission to reside at the subject premises was revoked when he served the 10-day notice to quit. Respondent, however, claims she is entitled to possession because, as a family member of the property owner by virtue of her marriage to petitioner’s son, she is not a licensee.

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The parties were married in June 1973, and had one child, born on 1978. Sometime in 1985, the plaintiff husband moved out of the marital home. The wife cashed the parties’ joint certificate of deposit in the amount of $500. The husband took the parties’ 1984 Mazda pick-up truck, which was subsequently stolen, while the wife retained their 1982 Buick Skylark, which was worth $4000. Initially, a New York Custody Lawyer said the wife instituted a separation action in the Supreme Court, Suffolk County. After the husband brought an action for divorce in the Supreme Court, Nassau County, in which the wife counterclaimed, the wife abandoned her separation action. However, she was granted pendente lite relief of $40 per week in maintenance and $35 per week in child support by order of the Supreme Court, Suffolk County.

A New York Custody Lawyer said that following a trial on the Nassau County action for divorce, in which the husband withdrew his complaint for divorce in favor of the wife’s counterclaim, and after the parties entered into a stipulation providing for an equal division of the parties’ furniture and household effects and the proceeds from any court-ordered sale of the marital residence, the trial court found that (1) the wife was not entitled to an equitable share of the retroactive pay received by the husband because there was no evidence that the cash remained on hand or that it was converted into an asset, (2) the marital residence must be sold within 90 days to provide for the parties’ future living expenses and to pay off the marital debts, (3) the wife owed the husband $4,500 for her retention of the parties’ Buick automobile, valued at $4,000, and for her appropriation of their jointly held certificate of deposit in the amount of $500; the $4,500 was to be paid to him out of the net proceeds from the sale of the marital residence, and (4) the husband owed the wife $3,355 in retroactive maintenance and child support, which was also payable out of the net proceeds of the marital residence. Furthermore, the trial court ordered that the husband pay the wife $60 per week maintenance for a period of five years, and $70 per week in child support, but refused to provide for the payment of the child’s continued parochial school education.

At the trial, it was determined that the wife had been employed by a bank for 15 years. She originally worked full time and was placed in a career management program but had limited her employment to part time upon the birth of the parties’ child. Her 1985 salary was $7,809. The husband had been employed as a corrections officer for 25 months prior to the time of the trial. His projected 1986 salary was $30,732.

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