In the Matter of the Appeal of P.G. Pursuant to Section 422 of the Social Services Law (Montgomery County, 2011)
Jan 28, 2011
OUTCOME: Agency did not prove by a preponderance of evidence Appellant committed acts of child maltreatment. Report amended to unfounded and sealed. Question of whether maltreatment alleged is relevant and reasonably related to childcare need not be addressed.
Allegedly, child was pretending to trip other children and the teacher observed this. She allegedly grabbed the child by the shoulders with each hand to its corresponding shoulder and then pushed him ...back into the wall. As per witnesses, the child was crying, the child was put in a timeout, and the teacher yelled at him to the point she sounded as if she were going to lose her voice. Agency found some credible evidence to indicate teacher for maltreatment. She requested a fair hearing.
Divorce and separation
Griffith v. Griffith (New York State Supreme Court; County of Rensselaer, 2010)
Apr 21, 2010
OUTCOME: After trial, husband's claim denied because he could not prove allegations that it was unsafe or inappropriate for the parties to continue to reside together.
In 26-year marriage, husband alleged cruel and inhuman treatment by wife. Issues addressed: elements of unsafe or inappropriate behavior by one spouse against another, necessary to prove cruel and inhu...man treatment.
Family
Gasparro v. Edwards (New York State Family Court; County of Saratoga, 2010)
Mar 16, 2010
OUTCOME: After a trial, the father was designated primary parent. Best interests of the children demanded same considering each parent's home enviroment, fitness, stability, and ability to provide for the children's intellectual and emotional development.
Prior to the father petitioning for primary physical custody of the children, the parties shared joint legal custody with the mother being the residential parent.
The father alleged he was unable t...o contact the children while they were with the mother, and he discovered via the school counselor she had relocated to Massachusetts with them. She had moved six times in the preceding five years and her work history was sporadic. The children were failing in core classes. A licensed psychologist, who evaluated the children and the parties, found the mother was a loving parent but that she had extremely poor judgment and decision-making and continued mental health concerns. The psychologist recommended physical custody of the children be placed with the father.
The father, on the other hand, was married, had stable employment, had his own home, and could work from home, and it was found that since the children had resided with him, their school attendance had improved markedly, as had their academic performance. The father evidenced a willingness to foster a relationship with the mother.
Divorce and separation
Warchol v. Warchol (New York State Supreme Court; County of Albany, 2010)
Mar 10, 2010
OUTCOME: After trial, Defendant's Motion denied; Plaintiff's Motion granted with costs and attorney's feees. Additional factual issues preserved for further proceedings.
Matter arising from a September 2007 Judgment of Divorce entered in the Office of the Clerk of the Court of Common Pleas, Snyder County, Pennsylvania, wherein Plaintiff filed a Motion in New York enfor...cing the terms of the parties' Separation and Property Settlement Agreement, namely: failure to maintain life insurance, failure to buy out the lease on Plaintiff's car, cancelling the health insurance plan for the Plaintiff and the children, and failure to pay Plaintiff's cell phone bill.; and for costs and attorney's fees. Defendant cross-moved for dismissal of the Motion.
Child support
Warchol v. Warchol (New York State Family Court; County of Albany, 2009)
Nov 09, 2009
OUTCOME: After trial, Court held Respondent to pay child support for his daughter. Child support ordered over the cap was justified, in part, due to the reduction in Respondent's expenses paid by the family company. His petition was dismissed.
Petitioner filed a petition on June 17, 2009, seeking an order of child support for her daughter, who was residing with her. Respondent filed a cross-petition on June 29, 2009, seeking to modify an ord...er of support from April 2009, wherein he sought to terminate his support obligation to Petitioner because he had the other child living with him. Additionally, Respondent was remarried and had a child with his new wife, who did not work, and he alleged his work hours were cut due to the economy.
The Court found that Petitioner's income was $28,000.00 and Respondent's income was $92,216.64.
Child support
Murphy v. August (New York State Family Court; County of Albany, 2009)
Jan 15, 2009
OUTCOME: After trial, change in circumstances was determined, wherein Respondent directed to pay child support. However, strict application not applied due to the circumstances and the financial resources of the parties.
Petitioner filed a petition on August 24, 2009, seeking to modify the support provisions of a Judgment of Divorce dated December 2, 2005. Respondent filed a cross-petition on October 5, 2009, also seek...ing to modify the support provision of the Judgment.
At the time of the Judgment, both parties' income was in parity and the parents had joint legal and physical custody of two children. Neither paid child support to the other.
Since the Judgment, one of the children lived with Petitioner full-time and the other was with her half of the time. Her income had increased $35,000.00 while Respondent's had decreased $12,000.00. Petitioner sought full application of the Child Support Standards Act.
Divorce and separation
Chopra v. Chopra (New York State Supreme Court; County of Nassau, 2008)
Feb 13, 2008
OUTCOME: After trial, the Court denied the husband's claim for cruel and inhuman treatment, abandonment, and adultery. The Court held the husband's testimony to be unworthy of belief.
Divorce trial on cruel and inhuman treatment, adultery, and abandonment, alleged by the husband against the wife. This was a short-term marriage with one child. The husband testified that his wife woul...d not pray with him as required by the Hindu religion; he alleged the wife did not want a large family, contrary to her previous representations; and that at unspecified times during the marriage, the wife belittled the medical specialty he was pursuing. The husband further alleged the wife moved her parents into their house in Albany, NY, without consulting him, while he began a long medical residency on Long Island. Furthermore, he alleged the wife allowed her parents to provide daycare without telling him.
Divorce and separation
Parnes v. Parnes, 41 A.D.3d 934 (3rd Dept. 2007)
Jun 07, 2007
OUTCOME: Defendant liable for past-due maintenance arrears; agreement clear and unambiguous; wife was awarded counsel fees because Defendant did not meet his burden of proof. However, no contempt found, as less drastic remedies were not used first.
Ex-wife moved to hold ex-husband in contempt for non-payment of maintenance, which was part of the separation agreement entered into in 1998, and which was incorporated into the Judgment of Divorce.
...
Agreement required Defendant to pay $2,000.00 per month in maintenance. Same would terminate, inter alia, upon the wife's remarriage or "upon [Plaintiff's] cohabitation with an unrelated adult male over the age of 21 for a period greater than 30 days, wherein said male has no other physical address or where [Plaintiff] has spent at least 20 of 30 nights in the same home or place of residence as said unrelated male."
In April 2005, Plaintiff and her fiancée purchased a condominium in Massachusetts as tenants in common. In July 2005 she moved into same as her permanent residence.
Her fiancée continued to reside in his home in Albany County, but regularly visited Plaintiff on weekends and holidays. They married in 2005.
Prior to the remarriage, Defendant ceased making maintenance payments.
Family
R. v. R. (New York State Family Court; County of Fulton, 2006)
Jan 26, 2006
OUTCOME: After 14 days of trial, the father proved change of circumstances. The children of the marriage were placed with him, under severe restrictions for both parents, including, but not limited to, seeking psychiatric counseling.
Multiple petitions were filed between the parties for full custody of all three minor children. The Court heard extensive testimony on behalf of all parties. There was exhaustive testimony from witness...es, including a psychiatrist and a psychologist. Numerous exhibits and written reports were received into evidence. The mother had full custody of the children, but she deliberately failed to foster a relationship with the father, alleging that he beat her, had tried to kill her, and incessantly called her. The allegations were unfounded, and it became evident she had mental heath issues. Her testimony was not credible. Although the Father was not found to be without fault, all three children were awarded to him. The nature of the testimony was such that the Court ordered Fulton County Child Protective Services to open a child abuse prevention case with respect to the three minor children, which was ordered to remain open until further Order of the Court. Additionally, the agency was directed to monitor both the father and the mother and their respective households by making periodic unannounced visits to their homes and reporting any suspicious conditions or evidence of a violation of any of the terms of the Court's Decision and Order. Given the conduct of the mother and the father, the Court directed that each parent personally engage in regular therapeutic sessions, with psychiatrists of their own choosing, on a biweekly basis. The parents were also ordered to execute releases allowing the Court and the Law Guardian to monitor their progress. The mother was given parenting time on alternate weekends, with one dinner visit per week.
Appeals
In the Matter of D.L.B. v. John A. Johnson, as Commissioner, et al., 19 A.D.3d 799 (3rd Dept. 2005)
Jun 09, 2005
OUTCOME: Court found no merit to the arguments. Record supported removal and affirmed indicated reports.
Petitioner commenced a proceeding pursuant to CPLR Article 78 seeking the review of a decision by the Albany County Department of Children, Youth and Families, which had been affirmed by Respondent Com...missioner of Children and Family Services, for the removal of two foster children from her home. Petitioner made two arguments. First, that the removal decision should be reversed since the Commissioner failed to produce substantial evidence that the best interests of the children were served by removing them from her home. Second, that the decision affirming the indicated charges of inadequate guardianship and lack of supervision needed to be reversed because those findings were not supported by a preponderance of the evidence.
