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Father’s Behavior Constitutes Neglect

Judge Colangelo, sitting in Westchester County Family Court, found the actions of a father related to his being intoxicated when he picked up his children from school to constitute neglect. In this case, a petition was brought by the Department of Social Services against the father, Derrick. He was accused of failing to properly supervise and care for his 4-year-old son Joshua.

Joshua was placed in Derrick’s care by Judge Colangelo. School officials notified the Department of Social Services that Derrick appeared intoxicated at the time he picked Joshua up from school. The Department of Social Services agents went to Derrick’s home. Derrick refused to open the door or respond to their requests concerning questions as to Joshua’s safety.

The police were called to the scene. They broke the door down. Upon gaining entry to the apartment, they found Joshua was completely safe. However, they did find a knife and a bat under one of the beds in the apartment. The Department of Social Services took the position that the knife and the bat were close to Joshua and therefore constituted a danger to the child.

Judge Colengelo held a hearing with regard to this entire incident. He found that Derrick did not comply with his obligations concerning Joshua’s placement with him by the court. Derrick’s refusal to allow the Department of Social Services investigators into his home violated the terms of the child’s placement. Even though the court found that Joshua was completely safe, they found Derrick’s conduct inappropriate and that he had neglected the child under Article 10 of the Family Court Act .

Fathers’ Rights

Fathers who come to our law office often claim that they are treated like second class citizens in the Family Court regarding child custody, visitation, child support, spousal maintenance (alimony), orders of protection and issues involving child abuse and child neglect. They also relate to us that in divorce proceedings in the Supreme Court they are not treated fairly.

Our law office represents fathers with regard to all types of proceedings in the Family Court and the Supreme Court. We aggressively protect fathers’ rights. We deal with difficult issues, such as downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome. For more than 33 years, we have been recognized as one of the premier fathers’ rights law firms in the Metropolitan New York area. If you have matrimonial or family problems, we can help you. Call for a consultation at 1-800-344-6431, 516-561-6645 and 718-350-2802.

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