PERMANENT CHILD NEGLECT AND TERMINATION OF PARENTAL RIGHTS
- By: Andrew Rosen
- PERMANENT CHILD NEGLECT
- Aug 3
- Comments (0)
The finding of permanent neglect is supported by clear and convincing evidence. The documentation shows that the agency made conscientious attempts by engaging in conversations with the mother about the importance of fulfilling her service plan, arranging visitation schedules, and guiding her toward mental health support and dyadic therapy to enhance her bond with the
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Failure to Pay Support: Court Disobedience Resulting in Jail Punishment
- By: Andrew Rosen
- Jail Punishment
- Jul 2
- Comments (0)
The father asserts that the Family Court’s conclusion that he deliberately violated the support order is unfounded and lacks a solid basis in the available evidence. He argues that his inability to fulfill child support payments were adequately explained and supported by relevant documents, demonstrating his sincere efforts to increase his income. However, we disagree
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VISITATION RIGHTS FOR GRANDPARENTS
- By: Andrew Rosen
- VISITATION RIGHTS FOR GRANDPARENTS
- Jun 27
- Comments (0)
Initially, it is established that the grandparents have the right to seek visitation with their daughter. To obtain court-ordered visitation, grandparents must first demonstrate standing based on statutory grounds. In cases where the parents are alive, the grandparents must prove an existing relationship with their grandchild[ren] or, if the parents obstructed it, show sufficient effort
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A CHILD NEGLECT CASE BASED ON A MOTHERS HISTORY OF DRUG USE
- By: Andrew Rosen
- CHILD NEGLECT CASE BASED ON A MOTHERS
- Jun 26
- Comments (0)
On March 31, 2021, Family Court Act § 1046(a)(iii) was amended to provide that ཞྭthe sole fact that an individual consumes cannabisཛྭ is not sufficient to constitute prima facie evidence of child neglect. In this appeal, we are reviewing an order that determined the mother’s neglect of the child in question. One of the factors
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DOMESTIC VIOLENCE AND MENTAL HEALTH AS CUSTODY
- By: admin
- MENTAL HEALTH
- May 5
- Comments (0)
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
- By: admin
- TERMINATION OF PARENTAL RIGHTS
- May 4
- Comments (0)
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
- By: admin
- CUSTODY GRANTED TO NON-PARENT
- May 1
- Comments (0)
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
- By: admin
- PARENTING JUDGMENT
- Apr 26
- Comments (0)
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
- By: admin
- Family Court
- Apr 25
- Comments (0)
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
- By: admin
- FINDING OF CHILD NEGLECT
- Apr 24
- Comments (0)
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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