
WHEN CAN A PARENT LOSE THEIR CHILD FOR NEGLECT
An application pursuant to Family Court Act § 1028(a) for the return of a child who has been temporarily removed shall be granted unless the court finds that the return presents an imminent risk to the child’s life or health. In making its determination, the court must weigh, in the factual setting before it, whether
Read More
CHILD SUPPORT IS NOT ALWAYS SET ON THE INCOME…
CHILD SUPPORT IS NOT ALWAYS SET ON THE INCOME… THAT A PARENT REPORTS ON THEIR TAXES The level of child support is determined by the parents’ ability to provide for their children rather than their current economic situation. A court need not rely upon a party’s own account of his or her finances but may
Read More
CUSTODY CASES – ONE PARENT ALIENATING THE CHILD FROM OTHER PARENT
Modification of a court-approved stipulation setting forth the terms of custody or parental access is permissible only upon a showing that there has been a sufficient change in circumstances such that modification is necessary to ensure the best interests and welfare of the child. The paramount concern when making such a determination is the best
Read More
Compassion for the Client, Aggression for the Adversary
Gildin and Chapman is a boutique style law firm emphasizing all aspects of Family Law, Criminal Defense and Appeals. Both Steven Gildin and Brent Chapman have nearly three decades of legal experience successfully handling literally many thousands of cases from the very first call, throughout all litigation and trial and beyond. With this broad knowledge,
Read More
NO VISITS IF PARENT IS NOT VACCINATED
The Court restricted the non-vaccinated parent’s access to the child until they were vaccinated or underwent regular testing. New York is transitioning towards a “new normal” where citizens are taking precautions to balance staying safe from COVID-19 and its variants alongside the desire to return to some semblance of regular life. The widespread availability of
Read More
A JUDGE HAS NO POWER TO DIRECT ADMINISTRATION OF CHILDREN’S SERVICES TO FILE A NEGLECT CASE
To the extent that [prior precedent] decisions implicitly hold that Family Court may order a child protective agency to commence a proceeding under Family Ct Act article 10, they should no longer be followed for such proposition. Accordingly, in the absence of any express grant of authority by statute, Family Court erred in sua sponte
Read More