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Court Decides Guardianship Hearing


The children’s maternal grandmother, mistakenly relying upon an improperly executed last will signed by her daughter who had attempted to appoint the children’s paternal aunt as the children’s guardian.

A New York Family Lawyer said on the same day, the children’s paternal aunt and her mother advised a judge that they intended to take the children to their home in New York. The judge stated that, because no one else claimed for the custody of the children, he did not detect any objection to their plan. The court indicate the nature of the initial acquisition of the physical custody of the children by the children’s paternal aunt and her mother in order to emphasize that their conduct was not tainted by any unlawful or duplicitous act.

A New York Child Custody Lawyer said as a result, three children left their home to live with their paternal aunt and grandmother in Nassau County after the death of their parents.

Afterward, the maternal grandmother filed a petition seeking custody of the children. But, the children’s paternal aunt filed the adoption petitions.

Consequently, the decree under review was made, dismissing the objections to and granting the adoption petitions of the children’s paternal aunt.

In a matrimonial action, a complainant mother was granted a divorce but she appeals from so much of an order denying her cross motion to dismiss the father’s motion for the custody of their child.

The parties, who had resided with their two minor children, were divorced. The judgment incorporated an earlier separation agreement, which was to survive the judgment. The agreement provided that the mother would have the principal custody of the two children and the husband would have certain visitation rights. The agreement also provided that each party could live wherever he or she chose.

The husband then moved for the custody of his children and other relief, alleging that his former wife had interfered with his visitation rights. The court found that the mother had interfered with the father’s rights by removing the children to the country, without consulting the father.

The court consequently ordered that the children remain in the county and ruled that the mother would remain their principal custodian as long as she remained in the county with the children.

The order also prohibited either parent from removing the children from the State without either a further court order or written consent of the other party.

A Staten Island Family Lawyer said that subsequently, the parties entered into an agreement to modify some of the terms of the original separation agreement. The modification agreement recited that both parties recognized that the mother is the appropriate custodian of the children and authorized her to live with them in other place. The agreement provided for the termination with prejudice of all pending litigation. Also, in connection with the proceedings being taken in conformance with the modification agreement, it provided that neither party admits to the jurisdiction of the courts of any State and that the agreement shall survive any judgment.

After that, the mother initiated a proceeding to modify the order of the court by removing the restriction that she remain in the county to retain the custody.

A Staten Island Custody Lawyer said that by order, the court denied the father’s motion to dismiss the proceeding without prejudice and declared it would retain jurisdiction pending a final determination of the issue.

The father again moved for an order granting him exclusive custody. The mother however cross moved to dismiss the father’s motion.

By order to show cause, the mother commenced another custody proceeding. In her supporting documents, the mother acknowledged the pendency of the father’s application.

Consequently, the order reversed insofar with $50 costs and disbursements, and cross motion granted to the extent that the father’s motion is denied, with leave to either party to move to reinstate the appeal in the event the Superior Court of the other state shall refuse to assume jurisdiction.

Whenever you and your wife decided to have a divorce, you can seek legal guidance from Nassau County Family Attorney or Nassau County Divorce Lawyer. Also, if you need help with regards your children’s guardianship, you can have the assistance of Nassau County Custody Attorney from Stephen Bilkis and Associates office.

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