New York Family Law Blog

Published on: November 10, 2012

Court Determines if Respondent has Personal Jurisdiction

by Stephen Bilkis

On December 6, 2010, Administration for Children’s Services (“ACS”) commenced the instant Family Court Act Article 10 abuse matter. A Bronx Order of Protection Lawyer said that, the Petition alleges the following: A personnel from the Police Department called in a report on November 24, 2010, alleging that the respondent father has been having sexual intercourse with the subject child now 13 years old, on a regular basis. A New York Family Lawyer said the report further alleges that the most recent incident occurred during September of 2010. Further, the subject child’s mother learned of the sex abuse on November 24, 2010, when she found a nude photograph that the subject child had sent to the respondent father via cellular phone.

A New York Child Custody Lawyer said that, the subject child stated to an ACS caseworker that the respondent father began having sexual intercourse with her when she was eleven years old. She further stated that the respondent father has had sexual intercourse with her on numerous occasions and he also has inserted his fingers into her vagina, performed oral sex on her and fondled her breasts. She also stated that the respondent father asked her to send him pictures of her vagina. Finally, the subject child also stated that the respondent father told her that their sexual relationship is their secret until the day they die.

When ACS first appeared on this matter, Petitioner indicated that Respondent Father lived in Georgia and was believed to have last been in New York in November 2010 during a Thanksgiving visit. ACS further noted that the mother and the children had relocated from Texas and had been living in New York since September 2010. The prior judge ordered personal service of the Summons and Petition on the Respondent Father, paroled the children to their mother under ACS supervision, and issued a Temporary Order of Protection against the Respondent Father on behalf of the Non-Respondent Mother and the Subject Children preventing the father from having any contact with the mother and children.

Published on: November 10, 2012

Court Decides Child Custody Issue

by Stephen Bilkis

The subject children are two minor boys, born November 26, 2001, and, born August 1, 2005. After the birth of the first child, the mother moved, with him, to Florida. Thereafter, by stipulation dated October 27, 2003, the parties agreed to joint legal and residential child custody until the first born child reached school age, at which point residential custody would revert to the mother on condition that she moved back to New York. A New York Family Lawyer said before the first born child reached school age, the parties reconciled, and resided together in Suffolk County, where the second child was born.

In April 2007, a New York Custody Lawyer said that, the mother took both children from Centereach in Suffolk County to live with her mother in the Bronx, and filed petitions for sole child custody. The father filed cross petitions for sole child custody. In May 2007, an order of protection was entered upon consent, directing the father to stay away from the mother, her home, and her place of employment, except for visitation purposes. The parties agreed that the father would have visitation on alternate weekends. Thereafter, a hearing was conducted with respect to custody. It is clear from the evidence adduced at the hearing that both parties are loving parents and neither party is unfit. However, the record discloses certain troublesome facts about each of the parties. It is apparent that the relationship between the parties was a stormy one, and the father acknowledged that “everybody yells.”

A Bronx Child Custody Lawyer said that, the Family Court directed the mother to register the first born child in first grade in the Middle Country School District in Suffolk County, where he had attended kindergarten. However, when the mother changed her residence and place of employment to Queens, she enrolled the first borne child in school there, contrary to the direct order of the Family Court. At the custody hearing, the father’s neighbor testified that he had heard the father cursing, and observed visitors and noisy parties at the father’s house “at all hours of the night.” In August 2007 he observed police activity at the father’s house, and spoke to the police detectives. The father acknowledged that his house, owned by him and the mother jointly, was in foreclosure. Further, the father had a criminal record consisting of two felony convictions and one misdemeanor conviction from the 1990s. At the conclusion of the hearing, the children’s attorney noted that this was a difficult case since both parties were “clearly flawed,” but also had “strengths and good points.” However, a Nassau County Family Lawyer said she recommended that the children remain with the mother in the interest of stability, since the mother had had sole custody of them for seven months during the pendency of the proceedings, and the father’s house was in foreclosure.

Published on: November 9, 2012

Defendant Moves to have Order for Protection Vacated

by Stephen Bilkis

This is a matter being heard in the Family Court of the City of New York in Bronx County. The petitioner in this case is Lloyd Grant. A New York Family Lawyer said the respondent of the case is Darlene Pugh. The respondent, Darlene Pugh has moved to have the final order of protection granted in favor of the petitioner of Lloyd Grant vacated. The respondent failed to appear on the 18th of August, 2008 when this order was made. She denies being served with any papers for the previous hearing.

Case Background

On the 15th of August, 2008, the petitioner, Lloyd Grant filed a family offense petition stating that on the 8th of August, 2008, when they were leaving the Bronx Family Court the respondent threatened him. The couple was appearing in a delinquency action that involved their son DG. At the time the threat was made, Ms. Pugh was escorted from the building, but she was not arrested. A New York Custody Lawyer said the couple was scheduled to reappear regarding the delinquency matter on the 18th of August, 2008. A temporary ex parte order of protection was issued to Mr. Grant returnable on the same date as the delinquency hearing was scheduled.

Published on: November 8, 2012

Mother Accused of Neglecting Children

by Stephen Bilkis

The natural parents, never married but lived together from 1967 to 1974, during which time three children were born. A New York Family Lawyer said that on August 1974, after many earlier criminal convictions, the natural father was convicted on drug charges and sentenced to prison for a two-year-to life sentence. In 1975 the natural mother voluntarily placed the second born child, who suffers from severe physical and mental handicaps, in temporary foster care. The mother abandoned the two other children and on December 7, 1976 the Family Court placed them in the Commissioner of Social Services custody for 18 months. A New York Custody Lawyer said that, during his entire imprisonment the natural father (whose whereabouts was then unknown) made no attempt to stay in touch with his family and he testified he heard nothing from the natural mother. Only after the agency, through its own diligent efforts, located him in a Correctional Facility in August 1977, did the natural father learned of the children’s foster care placements; immediately after being paroled, in September 1977, he visited the agency to seek custody or visitation. The three children, meanwhile, had lived in separate foster homes and facilities until summer 1977. The foster parents, had asked the agency for a handicapped child to adopt in 1976. After she had been placed in their home for some two months, the foster parents’ requested that the two other children join her; the children were reunited in September 1977 for the first time since 1975.

A Bronx Child Custody Lawyer said that the agency denied the natural father’s requests for custody or visitation, and he began legal proceedings to protect his rights. On December 1, 1977 he was adjudicated the legal father, and, by agreement among counsel he had two visits with the children, the first in December 1977 and the second in February 1978. Only the oldest child had any recollection of her natural father, having been only one year old when he was imprisoned, and the handicapped child being mentally incapacitated. When these proceedings came to trial the natural father was unemployed, on parole, and living on public assistance with a woman he had known less than a year, who was expecting his child in December 1978. The foster parents live with the three children in a three-bedroom suburban garden apartment. The foster father is employed as a maintenance man; foster mother is a full-time housewife.

A Bronx Family Lawyer said that the New York Hospital filed a petition pursuant to Section 384-b of the Social Services Law (“SSL”) seeking termination of parental rights and a transfer of custody and guardianship to NYFH; a petition was also filed by the Commissioner of Social Services (“CSS”) pursuant to Family Court Act (“FCA”) Section 1055 seeking an extension of this court’s original placement order entered in the course of a prior Article Ten neglect proceeding; and a petition in the form of a writ of habeas corpus filed by the natural father seeking return of the children to his custody.

Published on: November 7, 2012

Court Decides Custody Arrangment

by Stephen Bilkis

A husband seeks custody of their two children from his wife who surreptitiously left the conjugal home in New York and took the children to Virginia where the wife’s relatives all lived.

During the trial, the husband and the wife testified. A New York Family Lawyer said the mother-in-law of the wife and the sister-in-law of the wife also testified for the husband and against the wife. The judge took the two children to a nearby park and interviewed the children. The judge videotaped this interview with the children.

During the custody hearing it was proved that the husband and the wife had a child when they were just teenagers. They got married within three years after the birth of their first child. The wife was emotionally and physically abused. A New York Custody Lawyer said the abuse consisted of sexual assault. The husband would force the wife to have sex. He would kick the woman and bite her, hit her with his fists in her back and buttocks. He also constantly criticized and insulted her within the hearing of their children.

Published on: November 6, 2012

Court Considers Terminating Parental Rights

by Stephen Bilkis

This is an appeal from an order of the Family Court, New York County, dismissing a petition brought by petitioner Hospital seeking (1) termination of the parental rights of respondent mother; (2) custody of the subject child; and (3) a declaration that the child was free for adoption, pursuant to Social Services Law Section 384-b and Family Court Act, Article Six. A New York Family Lawyer said the out-of-wedlock infant was born on March 25, 1974. The current whereabouts of the father are unknown and there is no evidence of any contact or support by him at any time. The infant came into the custody of the hospital on April 21, 1976 after he was found strapped in his stroller, alone and unattended, at about 4 a. m., near an abandoned building in Brooklyn. The mother was apprehended and arrested for burglary of the building. She subsequently pleaded guilty to criminal trespass. A New York Custody Lawyer said he claimed that on her way to the store with the child she was pursued and had to leave the infant unattended. In consequence of this incident, a finding of neglect was made against the mother by the Family Court, Kings County.

A Queens Family Lawyer said that, the child was placed with the Commissioner of Social Services for an initial period of eight months. Thereafter placement was extended until March, 1979. The mother, herself, had been placed in foster care at the age of 3 because her own mother was unable to care for her and her five brothers and sisters, four of whom were placed in foster care. Her schooling ended at the 10th grade. She was transferred from one institution to another and from one foster family to another until the age of 18. The longest period with a foster parent was from 1972 to 1974. Although she knew her parents, she had no relationship with them. In a psychological evaluation in connection with the placement of the subject child, the mother was diagnosed as an inadequate personality with anxiety features needing psychiatric treatment and counseling. “Therapy should be directed in part to help her to accept responsibility for everything which may happen to her infant.”

During 1976 the mother visited with her son on 12 or 13 separate occasions out of a possible 60 available dates, as noted in the agency records. On September 17, 1976, at the extension of placement hearing, she indicated upset at the decision. She believed her son should have been released to her. She was directed to avail herself of counseling which the agency was directed to provide. In December 1976 she expressed upset that her son was in a foster home in Bronx. In view of the fact that she lived in Brooklyn and she was in an advanced state of pregnancy with a second child, it would be difficult for her to make the long trip to Bronx and visit her son. She could not visit him until after the baby was born. During the entire year 1977, the mother visited the subject child only once. In October 1977 she advised the agency that she wanted her son returned but she was too busy with her second baby. During 1977 she had financial problems, moved from place to place and had fires in at least two of her places of residence. On June 8, 1978 she stated that she could not plan for his son, that she no longer lived with his paramour and was now living with another man. She wished the agency to continue to care for her son and to help her with the many decisions she would have to make. Her new paramour had three children in foster care in Brooklyn. She admitted she could not care for the three children in addition to his son.

Published on: November 5, 2012

Stepfather Seeks to Adopt Child

by Stephen Bilkis

A man and a woman fell in love in 1976. They moved in together for five years. And their relationship produced a daughter. During this time, the couple used and dealt drugs. Both of them were apprehended and charged with possession of controlled substances. A New York Family Lawyer said the woman pleaded guilty and was put on probation. Since that time, she has been drug-free.

Her husband was imprisoned but was later released on parole. While on parole, he became a fugitive. He left New York and could not be located. He called his wife after a few months and asked her to leave New York and travel to Chicago, Illinois to join him there. The wife refused because it would be breaking the conditions of her probation and it would endanger the life of her daughter. From that time the woman had not had any contact with her husband.

While they were together, the husband supported their child intermittently because his work as a painter was intermittent. When her husband became a fugitive the support ended. The woman was forced to get a job and move in with her mother who took care of her baby while she was away at work.

Published on: November 4, 2012

Parent Seeks to Relocate Child

by Stephen Bilkis

In this case, the parties were divorced by judgment dated February 13, 2003. The Appellant father appealed from the order of the Supreme Court, Queens County dated August 28, 2009, which granted the Respondent mother’s motion for permission to relocate to North Carolina with the parties’ child.

A New York Family Lawyer said the parties in this case separated shortly after their daughter was born in 2000. They divorced in 2003, after a 2 1/2-year marriage. While the Respondent mother had child custody pursuant to a stipulation of settlement in the divorce proceeding, the child spent the first three weekends of each month with the Appellant father and his family, in addition to holidays and summer vacation.

The Respondent mother moved in the Supreme Court for permission to relocate to North Carolina with the child. At an expedited hearing, Respondent mother asserted that she desired a new beginning for herself and the child and that they would enjoy a higher standard of living and an improved quality of life. A New York Custody Lawyer said that while Respondent mother initially proposed continuing the Appellant father’s existing visitation and bearing the expense of flying the child to New York three times per month, she subsequently suggested reducing the Appellant father’s visitation to one visit per month, with extended summer vacation.

Published on: November 3, 2012

Father Seeks Full Custody of Child

by Stephen Bilkis

Each party to these post-judgment proceedings seeks modification of the Judgment of Divorce from joint custody to sole custody. The issue in the father’s case is whether the mother’s allegation of sexual abuse of the child involving the father and her request of the Court to restrict his access to the child constitutes a change of circumstances to modify the award of joint custody with physical residence to the mother, and if so, whether it is in the best interest of the child for sole custody and physical residence to be awarded to the father. A New York Family Lawyer said the mother in her petition alleges the father is an unfit parent based on the sexual abuse allegations and requests his visitation be eliminated or supervised. The Court finds that there has been a sufficient change of circumstances and it is in the best interests of the child for her father to be granted sole custody.

The parties to this custody proceeding were married on September 7, 1991. There is one child of the marriage, born on July 27, 1995. They were divorced by Judgment of Divorce dated October 11, 1999 in the Supreme Court of the State of New York. The Judgment incorporated a Stipulation of Settlement entered into between the parties on the record in Court on July 30, 1999, and a written stipulation regarding custody, dated July 30, 1999, which survives and is not merged in the Judgment, and pursuant to which the parties share joint child custody, with primary physical child custody to the mother. The Supreme Court did not retain exclusive jurisdiction to modify the Judgment. The father was awarded child visitation schedule that consisted of Wednesday evenings between 5:30 p.m. and 7:30 p.m.; alternate weekends beginning Friday evenings at 6:00 p.m. through Sunday at 6:00 p.m.; and two weeks summer vacation in July and two weeks in August. The order also made provisions for holidays.

The complainant father and the opponent mother each seek modification of the Judgment and sole legal and physical custody of the child. A New York Custody Lawyer said the child has lived with her mother throughout her life. The father argues that the mother’s repeated fourth false accusation of sexual abuse, is indicative of the mother’s emotional instability and her attempts to frustrate his relationship with his daughter and that it is in the child’s best interest that the Judgment be modified to award him sole legal and physical custody. The Court finds that the mother’s fourth allegation of sexual abuse of the child is a sufficient change in circumstance, in that the mother, in part of a continuing pattern of attacks on the father in which she asked the Court to be her partner, interferes with and compromises his relationship with the child and, potentially, compromises the child’s future development. The Court finds that it is in the child’s best interest for custody to be awarded to the father in that continued joint custody and physical residence to the mother is detrimental to the child’s current and future development.

Published on: November 1, 2012

Mother Attempts to Get Children Out of Foster Care

by Stephen Bilkis

This appeal, brought by an authorized agency under social services, seeks to entrust the guardianship and child custody of three children to the agency for the purpose of consenting the adoption to the foster mother. A New York Family Lawyer said the children came into a foster care following the birth of the youngest child with positive toxicology for heroin. The court then directed the mother to enter in an inpatient drug program and complete a parenting skills class.

At initial progress note, the mother of the children told the case worker that she did not know what to do to get her kids back. The case worker informed the mother that there would be a conference to determine what services she would need. There is no evidence of when, or whether, such a conference was held or the outcome of the conference. Another case worker asked the mother whether she were enrolled in any drug program, and the mother presented the agency with proof that she completed the detoxification. The next entry, the case worker asked the mother why she had not gone to her program. The mother explained that she wanted to see her son who would be coming from upstate for the holidays.

The service plan review occurred and it was attended by the supervisor, case worker and service plan review coordinator. A New York Child Custody Lawyer said apparently, neither the foster mother nor the biological mother was present. The document reflects that the mother visited her children consistently at the agency and kinship foster home. The document revealed that the biological mother has entered & completed a seven day detoxification program. However, she has failed to enter a drug treatment program.