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DOMESTIC VIOLENCE AND MENTAL HEALTH AS CUSTODY

WE ARE THE PERFECT PARENTS FOR JOINT LEGAL CUSTODY – – ONLY WE ARE NOT, CAUSE WE GET ALONG HORRIBLY ; DOMESTIC VIOLENCE AND MENTAL HEALTH AS CUSTODY FACTORS 4th DEP’T. CASE Awarding the parties joint legal custody of the children is not supported by a sound and substantial basis in the record. Entrusting the

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TERMINATION OF PARENTAL RIGHTS

When a foster care agency brings a proceeding to terminate parental rights on the ground of permanent neglect, it must, as a threshold matter, prove by clear and convincing evidence that it has fulfilled its statutory duty to exercise diligent efforts to encourage and strengthen the parent-child relationship. Those efforts must include counseling, making suitable

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CUSTODY GRANTED TO NON-PARENT

Pursuant to Domestic Relations Law § 72(2)(a), a grandparent has standing to seek custody of a child where the grandparent demonstrates the existence of extraordinary circumstances, such as surrender, abandonment, persisting neglect, unfitness, and unfortunate or involuntary disruption of custody over an extended period of time (Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 546,

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SIMPLY HAVING POOR PARENTING JUDGMENT IS NOT ENOUGH TO BE DEEMED CHILD NEGLECT

In a neglect proceeding, petitioner bears the burden of establishing, by a preponderance of the evidence, that the children’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and that the actual or threatened harm to the children results from the parent’s failure to exercise a minimum degree

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CHILD PROTECTIVE SERVICES MUST SHOW SEVERAL THINGS TO PROVE THAT A CHILD HAS BEEN NEGLECTED

Petitioner asserts that neglect should have been found here “as a matter of law” on the basis that respondent committed “other acts of a similarly serious nature requiring the aid of the court” (Family Ct Act § 1012 fib). We disagree. At the fact-finding hearing, the mother testified as to statements and behaviors indicating that

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A SINGLE ACT OF DOMESTIC VIOLENCE MAY BE SUFFICIENT TO SUPPORT A FINDING OF CHILD NEGLECT

Neglect is established when a preponderance of the evidence shows that the children’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and that the actual or threatened harm to the children results from the respondent’s failure to exercise a minimum degree of care in providing the children

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IN WHICH COUNTY CAN A DIVORCE CASE CAN BE STARTED

The parties to this divorce action primarily resided in New York County, while maintaining a seasonal second home in Suffolk County. In March 2020, when the COVID-19 pandemic first reached New York City, the defendant retreated to the Suffolk County residence along with her pregnant and immunocompromised daughter and began spending more time there in

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A PARENT MUST SHOW A SUBSTANTIAL REASON FOR A COURT TO CONSIDER A CHANGE IN CUSTODY

A party seeking to modify a prior order of custody must show that there has been a change in circumstances since the prior order and, then, if such a change occurred, that the best interests of the child would be served by a modification of that order. As provided in the April 2019 order, the

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IF A PARENT IS EFFECTIVELY COMPELLED TO PRACTICE A RELIGION, RATHER THAN MERELY DIRECTING THE PARENT TO PROVIDE THE CHILD WITH A RELIGIOUS UPBRINGING, THE PROVISION MUST BE STRICKEN

In the absence of a written agreement, the custodial parent may determine the religious training of a child. Consistent with the children’s best interests, courts may properly direct noncustodial parents, during periods of parental access, to respect the children’s religious beliefs and practices and make reasonable efforts to ensure the children’s compliance with their religious

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WHEN IS IT CONTEMPT OF COURT THAT IS PUNISHABLE WITH JAIL FOR FAILURE TO PAY SUPPORT

The father contends that Family Court’s finding that he willfully violated the support order lacks a sound and substantial basis in the record, particularly in light of what he characterizes as his cogent, reasonable explanation for his inability to make good on child support arrears, well-supported by documentary evidence and his reasonable (even extreme) efforts

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