Divorce

Published on: October 23, 2012

Plaintiff Moved to Increase Alimony

by Stephen Bilkis

This is a case being heard in the Special and Trial Term of the Supreme Court located in New York County. The plaintiff in the matter is Ethel Phillips and the defendant is Gilbert L. Phillips. The plaintiff is seeking a separation from the defendant, who is her husband. Ms. Phillips alleges that the defendant has treated her cruelly and fails to provide fro her. A New York Family Lawyer said the defendant denies these allegations and has entered a counterclaim seeking an annulment from the marriage. The defendant states that their marriage should be annulled because the plaintiff was still married to another individual at the time the couple was married.

Case Background

On the last day of March in the year 1950, the plaintiff obtained a divorce from her husband, Mr. Moss. This divorce was obtained in the state of Georgia in the Superior Court of Richmond County. At the time of the divorce the plaintiff stated that she had been a resident of Georgia for over a year before instituting the action for divorce. However, a New York Custody Lawyer said the plaintiff was actually still a New York state resident at that time. She had only been in Georgia for a couple of days and visited the state for the purpose of obtaining the divorce and no other reason. She had not established a residency in the state of Georgia. Moss, the plaintiff’s husband acknowledged the action in the Georgia court and did not contest the divorce. The decree from the Georgia court states that the divorce was granted to the plaintiff on the 31st of March, 1950. After the divorce took place, the plaintiff’s ex-husband Moss took on another spouse.

Published on: October 10, 2012

Court Rules on Child Neglect Case

by Stephen Bilkis

This is an application for guardianship of a child pursuant to the provisions that are set up under the Social Services Law. The petitioner and appellant of the case is Graham Windham. The respondent of the case is Deborah K. This case is being heard in the Supreme Court, Appellate Division, First Department.

Case Background

A New York Family Lawyer said the child in this case is Shantal who was born on the 26th of November, 1970. In December of 1970 Shantal was placed with the Agency voluntarily as the mother had no home for the child to live in. Shantal was placed with a foster family until April of 1971. Shantal was returned to her mother at this time.

Published on: October 9, 2012

Court Reviews Joint Custody Agreement

by Stephen Bilkis

This is a case being heard in the Appellate Division of the Supreme Court of the State of New York. The petitioner and appellant of this case is Leroy D. West Sr. The respondent in this case is Racquel Vanderhorst. A New York Family Lawyer the petitioner and appellant in this case Leroy D. West Sr. is appealing an order that was made by the Referee Elizabeth Barnett in the Family Court of Bronx County. The order awarded the respondent mother, Racquel Vanderhorst with sole legal and physical custody of the parties’ child. The petitioner father was given visitation rights in the order.

Case Discussion

When reviewing the facts of the case, the determination that was made by the Referee to modify the joint custody agreement of the couple was made on a substantial basis. The record shows that after the judgment for divorce was granted to the couple there was a complete breakdown of communication between the couple. A New York Custody Lawyer said there was an instance of domestic violence that occurred in the presence of the child. This made the possibility of joint custody as was agreed to in the divorce agreement, impossible.

Published on: October 8, 2012

Court Confirms an Order for Protection

by Stephen Bilkis

This case is being heard in the Appellate Division of the Supreme Court of the State of New York. the petitioner and respondent in this case is Tonya B. The respondent and appellant of the case is Matthew B. A New York Family Lawyer said the order that is being appealed in this case was made in the Bronx County Family Court. Judge Alma Cordova made the original decision in the case. The original order granted a petition for a protection order against the respondent for two years. This was subject to court ordered visitation with the couple’s child.

Court Discussion

When reviewing the case the court finds no reason to disturb the original determination made by the court that the petitioner made a credible testimony stating that the respondent had tried to assault her. The testimony along with photographs of the bruises on her arm supports the findings of attempted assault.

Published on: October 7, 2012

Petitioner Alleges Violation of Order of Visitation

by Stephen Bilkis

This is a case being heard in the Appellate Division of the Supreme Court of the State of New York. The petitioner and appellant in the case is Claudio M. The respondent in this case is Janet R.

A New York Family Lawyer said the petitioner in this case is appealing an order that was made in the Family Court of Bronx County on the 19th of November, 2010. Judge Alma Cordova made the original order that dismissed the petition made by the father for sanctions against the respondent mother for violation of a court order of visitation.

Case Discussion

Published on: October 5, 2012

Court Reviews Order Regarding Father’s Visitation

by Stephen Bilkis

The petitioner and appellant of this case is Reynaldo M. The respondent in the case is Violet F. The case is being heard in the First Department, Appellate Division, of the Supreme Court of the State of New York. This is a case of appeal. A New York Family Lawyer said the appellant, Reynaldo M. is appealing an order that was made in the Family Court of Bronx County by the Referee Annette Louise Guarino. The original order was made on or around the 15th of April in 1010 and granted the petitioner father contact with his child in the form of letters, mail, and gifts and the child was free to initiate telephone contact with the father if she desired.

Case Discussion

When reviewing the record of the case it is found that the lawyer of the father consented to the order and there is no appeal that can be entered on behalf of a consenting party. A Nassau County Family Lawyer said the lawyer was familiar with the situation and had represented the father on a number of occasions before this case.

Published on: October 4, 2012

Courts Decide Paternity Case

by Stephen Bilkis

This matter deals with a paternity proceeding. The petitioner of the case is Felix O. The respondents in the case are Janette M. and Herbert M. The case is being heard in the Family Court of the State of New York in Kings County.

This is a petition made by Felix O. for an order to declare him to be the father of Precious Jewel M. and for an order to set his child support obligation. Respondents Janette M., the mother and Herbert M, the husband both oppose the petition. The respondents were married at the time of Precious Jewel’s birth and are still married now.

Felix filed the paternity petition on the 7th of January, 2004 when Precious Jewel was four and a half years old. For a number of reasons the case took a long time to conclude. None of the reasons were the fault of Felix. A New York Family Lawyer said the respondents, Janette and Herbert successfully evaded service for over a year and a half. Finally, a warrant was issued when Janette failed to appear the second time she was served. She was brought into court on the warrant on the fifth of August, 2004 and ordered to appear in court on the 29th of November, 2004. Herbert was issued a summons to appear as well. The date was then moved to the 15th of February, 2005.

Published on: October 3, 2012

Case Brought to Court for Father Failing to Pay Child Support

by Stephen Bilkis

This case deals with the respondent Robert Marrero and the appellant Ada Centeno. The case is being heard in the Second Division, Appellate Division, Supreme Court of the State of New York. The appellant mother, Ada Centeno is appealing an order that was made in the Family Court of Rockland County by Judge Christopher. The Order was from the 27th of March, 2009 and granted the father’s petition for sole custody of their child and denied her branch of the cross motion for sole custody of the child.

Case Background

A New York Criminal Lawyer said the two parties in this case are the parents of Summer, who was born in 2001. The couple was never married and their relationship ended while the child was still a baby. When the couple separated the child remained with the mother in the Bronx and the father lived in Rockland County with his parents. There was not an order made to award custody to either party.

Published on: October 1, 2012

Petitioner Seeks Modification of Child Support

by Stephen Bilkis

This proceeding involves the petitioner and respondent Daniel R. III and the respondent and appellant Liza R, otherwise known as Liza U. The law guardian of the child is Howard M. Simms and is involved in this matter as well. This case is being heard in the First Department, Appellate Division of the Supreme Court of the State of New York.

Case Discussion and Decision

A New York Family Lawyer said the parties in this case were divorced in a judgment issued by a court in the Dominican Republic. An order of visitation was entered in the Family Court of Bronx County around the 20th of April, 1993. The petitioner was awarded visitation rights.

Published on: September 30, 2012

Custody Case Remanded for Dispositional Hearing

by Stephen Bilkis

This case involves the petitioner and appellant, St. Christopher – Ottillie and the respondent Lillian T. The matter deals with the dependent children including Michael Anthony Vincent J, et al. The case is being heard in the First Department, Appellate Division of the Supreme Court of the State of New York.

A New York Family Lawyer said the order that is being appealed was made by Judge Richard Ross in the Family Court of Bronx County. The order was issued on the 8th of February, 1996 and dismissed separate petitions that sought the termination of the respondent’s parental rights with infants Michael Anthony Vincent J. and Rose Antoinette J.

Case Background