New York Family Law Blog

Published on: February 19, 2012

Ex-husband Found in Violation of Order for Protection

by Stephen Bilkis

In 2001 and Bronx County Criminal Court issued a three-year order of protection in favor of a woman and her child and against her ex-husband. In 2002, the Administration for Children’s Services (ACS) filed a neglect proceeding against the ex-husband. ACS alleged that the ex-husband had not been supporting his child. During the pendency of these neglect proceedings the Bronx County Family Court issued a temporary order of protection, ordering the ex-husband not to have any contact whatsoever with his child or his estranged wife until the neglect proceedings are disposed of by the Family Court.

While the Family Court was hearing the neglect proceedings, ACS filed two petitions for contempt against the ex-husband for having violated the Family Court’s temporary order of protection on May 15, 2003 and November 7, 2003 when he called his child at the apartment of his ex-wife.

According to a New York Criminal Lawyer, on the scheduled date of hearing for the violation petition, the ex-wife failed to appear and so the Family Court found the ex-husband to have willfully violated the temporary order of protection. Later that day, the ex-husband came to court and the Family Court vacated its finding on the violation petition.

Published on: February 18, 2012

Court Issues Order for Protection Against Abusive Father

by Stephen Bilkis

A mother went before the Family Court in Richmond County in New York on a petition asking the family court to declare that her fifteen year-old son is a person in need of supervision (PINS). A New York Custody Lawyer said that during the fact-finding hearing, the Family court found that the fifteen year old did not need supervision but protection. It appears from the testimonies of the boy and his mother that the boy’s father would regularly come home drunk. And during his drunken rage, he would verbally abuse and assault the fifteen year old boy. The most recent episode was when the father attacked the fifteen year old with a baseball bat.

The Family court issued a bench warrant for the arrest of the father of the fifteen-year old. The police arrested the father and brought him to the family court so that he can be within the jurisdiction of the court. While the father was in the Family Court, the judge apprised the father of the petition of the wife in behalf of their fifteen year old son. He explained to him that he was issuing a temporary order of protection in the boy’s favor while the Family court was conducting a hearing on the mother’s petition. The Family court explained to the father that he cannot strike, menace, harass or recklessly endanger the boy during the effectivity of the temporary order of protection. The Family court ordered the father to leave the house and to stay away from the house and his fifteen year old son until the Family court has decided on the mother’s petition. In the meantime, the Family court also ordered the Child Protective Service to conduct an immediate investigation to see if a child protective proceeding should also be brought before the Family Court.

A New York Family Lawyer said that after the temporary order of protection was issued by the Family court, the father returned to the family home and barged into the bedroom of his fifteen year old son and threatened the boy. He yelled at the boy accusing him of being the cause of his expulsion from his own house. The mother called the police and the Family court issued a warrant of arrest against the father. The Family Court also ordered the Special Services for Children to file a neglect petition against the father.

Published on: February 17, 2012

Abusive Relationship between Mother and Son ends up in Court

by Stephen Bilkis

A mother was working full time as a public elementary school teacher. After teaching hours, she held two other jobs supervising after school activities in other schools. She was divorced and had three children from two different marriages. The gap between the ages of her three children was large. Her eldest daughter was already a freshman at Princeton and living in the dormitory when the middle child, the son, was in 7th grade and the youngest daughter was just three years old.

A New York Family Lawyer explained that in February 14, 2008, the mother received a bill from an internet cable company for pornographic pay-per-view sessions. She had received a similar bill in the past from the same internet cable company for the same pornographic pay-per-view services. She talked with her son about it after the received the bill on the first time and warned him that pornography can be addictive and she surmised that it was probably the reason why his grades were failing. The son promised not to do it again.

The bill which arrived on February 14, 2008 was the second such bill and she wanted to discuss it with her son but he denied it and walked away from his mother. His mother was so frustrated and so angry that she took a belt and hit her son repeatedly. The boy resisted and fought back and then he tried to get away but his mother grabbed him and they both fell to the floor. The corporal punishment resulted in welts and bruises on the boy’s back, arms, chest and face.

Published on: February 16, 2012

Court Rules on Order of Protection Case

by Stephen Bilkis

A man from Albania migrated to the United States. He had lived in Brooklyn, New York for a few years when he went back home to Albania on a visit and met the woman who would become his wife. They married in Albania but a few weeks after their wedding, the man left his wife with his parents in Albania to go back to the US. The man visited his wife yearly for a few weeks at a time until their firstborn son was about three years old and he had the boy circumcised. After the circumcision, the boy asked to be taken to the bathroom often. The bathroom was an outhouse in the back corner of the man’s parents’ house. The man told his wife not to give in to his repeated demands but the wife felt that the boy must be in some discomfort so she took him to the bathroom. When she came back in, the man slapped his wife that her head hit the wall.

A New York Criminal Lawyer explained that the pattern of physical abuse began. A few years later, the man was able to secure green cards for his wife, his son and his parents and brothers and brought them all to America. All the time that the wife lived with her husband in the United States, he was controlling her every activity and her every movement. He refused to give her money, refused to allow her to find employment and refused to allow her to leave the house unless accompanied by one of his relatives. He started calling her names and refused to address her by her given name. He even refused her pleas to get pre-natal medical care for the three successive children she had been pregnant with.

According to a Nassau County Family Lawyer, when she was pregnant with their fifth child, the man took his wife and children back to Albania to attend a relative’s wedding but instead of bringing them back with him to the United States, he left his pregnant wife and four children in the care of the man’s parents and brothers. He took the passports of his wife and his children. It was at this time that the man first started accusing his wife of having affairs with other men when they were living in New York. He claimed that the child the wife was carrying was the product of her adulterous relations.

Published on: February 15, 2012

New York Family Lawyers Discuss One of the Longest Family Fights in History

by Stephen Bilkis

A New York Family Lawyer knows that when losing a loved one, the pain is tremendous. And, finding out that your family is in financial ruin is even more difficult. That is of course, if your family is actually suffering from poverty after the loss. One family parted ways as the widow and the son of the deceased tricked the two girls in the family into believing that their father was deeply in debt when he died.

The man’s widow was to receive one-third of the man’s estate and the rest was to be split equally between his son and two daughters. The son and the widow hid the fact that there was a will and insisted that the property the man owned would need to be sold. The young man finished law school but never joined the bar and basically built up a real estate business for himself.

The girls who found the will in a Bronx courthouse, promptly drove to their brothers home in Long Island. The sisters confronted their brother who eventually called the police to escort the sisters out. The case has remained in a Family Court since that time. Seven years later, a judge in a Bronx court ruled that the statue of limitations had expired. After an appeal, the decisions was reversed setting the stage for a second trial.

Published on: February 15, 2012

Animal trust bill puts Fido in the Will

by Stephen Bilkis

No one can deny the extreme love that people have for their pets. Companion animals, be they furry, feathered, scaled or finned, bring out the best in the owners who love care for them. Pets bring love, warmth and devotion into our lives,and caring for them is a responsibility that most pet owners are happy to assume, according to a New York Family Lawyer.   

Planning for the care of our pets after we are gone is necessary. Rather than being seen as mere assets that need a place to be stored, a growing trend in estate planning seems to taking place as more pet owners are leaving trust funds to the animals themselves.   These trusts are legally binding, and provide calm reassurance to pet owners that once they are no longer capable of caring for their beloved friend, the animals needs will still be maintained and their lives will still be filled with love and affection. Pet owners can name guardians for their animals in the event of the owners death as well as set aside money that is only to be used in the care and feeding of the animals.   

Reports suggest that these trust funds are not just for the rich and famous. It does not cost a million dollars to keep a dog happy. And while high profile cases, such as Leona Helmsly leaving a veritable fortune to her dog, seem to be more excessively amusing than anything else, real people who love their animals are taking steps every day to make certain that their animals will remain comfortable no matter what befalls their owners.   If you have questions or concerns regarding issues of custody, marriage, divorce or family planning, contact a Stephen Bilkis and Associates today for answers. Not only wwill skilled legal counsel be there for answers and guidance in your time of need, but they will represent your case with responsibility and respect.

Published on: February 14, 2012

Doodling On Your Desk Calls for Legal Intervention

by Stephen Bilkis

One little girl, doodling on her desk as many children are, found herself in a heap of trouble. She was a good student, rarely absent and was merely leaving her mark with an erasable marker on her desk. Apparently she was waiting on the teacher to hand out an assignment and boredom led her to leave a message on her desk. She figured she would be forced to clean up the marking on her desk but never dreamed she was going to find herself in jail for such a minor offense.

Arresting youngsters for minor infractions seems to be the norm in Queens as another 13-year-old was arrested for writing “Okay” on her desk. And, a 5-year-old was sent to a psych ward after throwing a temper tantrum, as five-year-olds seem to do on occasion. And now the various schools will answer to a court. The girl doodling while waiting on an assignment has been throwing up and is obviously distressed by the situation. She is still suspended from school and was given eight hours of community service, a book report and an essay on what she learned from the experience, according to a New York Family Lawyer.

This is one situation in a series of small infractions where children are being forced into realization in what seems like a bit of over-kill. And, her family will most likely seek counsel from a family lawyer or one specializing in cases where someone has suffered from what is seemingly an extremely minor and senseless use of the legal system.

Published on: February 14, 2012

Rihanna Saga Continues

by Stephen Bilkis

A New York Family Lawyer reported last week that Chris Brown’s court order to stay away from ex-girlfriend Rihanna has been lifted.

Chris Brown still reportedly is prohibited from harassing Rihanna after being sentenced to five years of community service and probation. The R & B star was also sentenced to complete twelve months of domestic violence courses after he plead guilty to violently attacking and assaulting Rihanna.

Rihanna and Chris Brown were in a serious relationship when Chris Brown became abusive with Rihanna. Brown reportedly physically and mentally abused her several times before the singer pressed charges against him. Rihanna’s attorney was ok with the downgrade to the protection order.

Published on: February 13, 2012

Wrongful Arrest Suit Gets $1.8 Million Settlement

by Stephen Bilkis

A man who was wrongly accused of rape in 2008 is finally seeing justice being served. The initial case said the man raped his autistic daughter, who also happens to be mute and low-functioning, and the mother did nothing. The case was brought out when a teacher aide helped the girl type, even though she cannot speak or function above a two-year old level, said a New York Family Lawyer.

There was a physical examination, which showed there was no evidence of abuse. However, the man sat in jail for 80 days and his wife, the mother of the child, was also facing charges of abuse from the statement the teacher aide typed, according to a New York Custody Lawyer. The teacher aide has not faced any charges and was not named in the lawsuit against the township that handled the arrest. More lawsuits may be pending in the civil courts.

The case was dropped in March of 2008 because there was a lack of any evidence to prosecute the father or the mother involved. They had to go through a process and have their children removed from Foster Care. They also had lawyer expenses and court costs to cover. The $1.8 million dollar settlement will cover some of those expenses. Even though the family won the case, the township police department where they live maintains they did nothing wrong. They were simply following procedure from the report of an abused child.

Published on: February 12, 2012

Sandra Bullock adopts a baby boy

by Stephen Bilkis

Sandra Bullock has recently adopted a 3 ½ month old boy from New Orleans. His first name is Louis; reports are unclear if Bullock will give the child her last name. Bullock, who is famous for movies such as “Speed”, “The Blind Side” and “Miss Congeniality”, has had the child for the last few months. She managed to keep the adoption a secret from the media. Bullock filed for a divorce from Jesse James in Texas, and cited the reason is a conflict of personalities.

Since the announcement of her divorce to James, she has changed the adoption paperwork to a “single parent adoption.” James has agreed to let Bullock adopt Louis on her own so that Bullock will have sole custody.

Whether you are involved in a divorce, adoption or custody batte, it is important to speak to qualified New York Custody Lawyer at your first opportunity. It is important to ensure that your rights are protected, as well of those of your children. Speak to Stephen Bilkis and Associates for legal guidance and a free consultation. We have offices to serve you throughout the New York City area, including office locations in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We also have office locations in both Nassau County and Suffolk County on Long Island, as well as Westchester County. Contact us and we will provide you with answers, and a free consultation. Make your appointment today at 1-800-NY-NY-LAW.