In a case before Justice Stacy Bennett sitting in a Divorce Part in Nassau County, a wife brought a divorce lawsuit against her husband. They had been married in 2001. Issues involving parental access, grounds, custody, and all other issues had been decided by the court. The issue presented to Justice Stacy Bennett was whether a personal injury … [Read more...]
Custody: Who Is The Parent?
There has been an unusual, and highly publicized case in Kentucky. This case involves a nine year old girl. She uses the middle and last name of a woman who is not biologically related to her. She lived with this woman and the woman's partner until she was four years of age. The girl's biological mother became pregnant in 2006. The father was a … [Read more...]
The Grounds For Divorce in New York
Irretrievable Breakdown of the Marriage The newest ground for divorce is a no fault ground. This no fault ground is used in the large majority of divorce cases today. It simplifies the divorce process because it is a ground which does not usually have an available defense to it. The ground specifically states the relationship between the spouses … [Read more...]
Dealing With Parental Alienation Problems – Part II
Fighting Parental Alienation The best way to deal with a situation involving parental alienation is for the alienated parent to take immediate legal action to ask for either a change in custody, an order enforcing visitation, an order of protection, and/or other legal remedies. The longer the parental alienation is allowed to go unrestrained, the … [Read more...]
Dealing With Parental Alienation Problems – Part I
In divorce and Family Court litigation involving custody and spending parenting time with children, sometimes one parent seeks to alienate the children from the other. God gives each child two parents. A parent who estranges the children from the other parent for selfish, inappropriate and/or vindictive purposes, doesn't understand the damage they … [Read more...]
Child Removal Proceedings by Child Protective Services – Part II
Levels of Proof In proceedings brought in the Family Court by CPS, the level of proof necessary to establish child abuse or child neglect is minimal. The formal rules of evidence which apply in other courts do not apply here. CPS workers can present hearsay evidence from third parties. They can present statements from three year olds or four … [Read more...]
Child Removal Proceedings by Child Protective Services – Part I
Child Protective Services (hereinafter referred to as "CPS"), provides an important public service by protecting innocent children from difficult circumstances. We applaud CPS workers for protecting children from violence, negligence and inappropriate circumstances. This article, however, is about CPS workers threatening to remove or removing … [Read more...]
The Removal of Children From Their Parents’ Homes by CPS and ACS Workers
Child Protective Services (hereinafter referred to as "CPS") and the Administration for Children's Services (hereinafter referred to as "ACS") are social service agencies which have one extreme power. This is the power to have children removed from their parents' homes. The intent of this power is to avoid children from being exposed to future … [Read more...]
Child Protective Services and Mandatory Reporters
The purpose of this article is to provide a discussion on how innocent parents can sometimes fall into the net of Child Protective Services' (hereinafter referred to as "CPS") and the Administration for Children's Services (hereinafter referred to as "ACS") investigations even when they have done nothing wrong. Mandatory Reporters The laws in … [Read more...]
New York Orders of Protection Explained
An Order of Protection is an order granted by a court which protects one individual from another. Individuals who are threatened or who have been abused or assaulted can request an Order of Protection in New York. If an Order of Protection is granted, it can require the alleged abuser to: stay away from the home or other location of the … [Read more...]
