A disaster of a case. I took over as the second attorney.
Dad brings a proceeding to keep his two kids. Mom signs away kids. Forensics commence and the matter gets worse. Writ of Habeas Corpus regains visits between mom and the younger child, but child's attorney and court referee take that away on a motion. Trial goes nowhere, appeal goes nowhere and to date there are no parent-child contacts.
This is a blown case because mom refused to pay a psychologist to be parentally trained.
I got sanctioned multiple times: mainly for daring to make a motion against an appellate division child's attorney. However, the kids lost out on a youth in the company with their mother.
At the core, the Referee referred the mom to a parenting trainer to teach mom how to better deal with her children. This meant there was no diagnosis requiring any therapy; there was only a fee to pay to the psych to see the kids again. The U.S. Supreme Court got the appeal from the printer two weeks late. That ended any chance of the mom in seeing her kids again pursuant to court order.
Rodriguez v Arroyo
Aug 22, 2008
Case Manipulation In Parent-Child Relationship
I represented dad throughout the litigation. Mom absconds with child, filed support petition, order of protection petition and custodial petition. Dad takes back child stopping child support case. Defends successfully against order of protection. Appears on custodial case. Mom's sister falsely alleges criminal misdemeanor for which dad is acquitted: sues sister. During arrest, detective interferes with dad's call to me: detective and city get sued in federal court and dad wins. Mom awarded "custody" but the order of parenting percentages is nearly equal for both parents: the way it was for years and years hence no interruption in the child's access to both parents.
No appeal is forthcoming and dad is delighted at the results. Detective and sister are not so happy.
Matter of Wright
Divorce and separation
Feb 04, 2008
Supervised Visits Did not Destroy Father-Child
Dad gets hit with divorce application. Mom works for a law office. Dad gets arrested for domestic violence and loses parenting time with the child. Court appoints a local supervised visitation center: a parasitic organization having the authority to unilaterally curtail visits. During each visit, the center's staff records every detail of the visit: the father's errors and omissions, statements about how he will bring the child broccoli for dinner if the child does not kiss him and so on. The local court appointed psychologist who has good academic credentials but having nearly zero practical experience agrees to the status quo.
I was retained three months prior to trial and in three trips to Colorado (one for investigation, one for depositions and one for trial), restored the father's parenting time to ten days out of thirty plus vacations and holidays. Finances included a minor amount imputed, a small amount for temporary maintenance and a reasonable child support amount.
The couple have not been back to court since.
Sylvster v. Cuevas
Jan 14, 2006
$80,000 child support arrearage reduced to zero
An award of support on default against an out of work saxophone player ballooned at a rate of $2,200 per month until the $80,000 level. Brought a petition to regain control over this arrearage (which resulted in the loss of all licensure and the passport for this man). Sweet talked the respondent into waiving all arrears.
Case was over in a few weeks and the man blew sax in Israel. Still out there somewhere.