New York Criminal Lawyer Blog
The family court released a decision upon a fact-finding reason that a mother neglected her three children and now released two of the children to the custody of their father with 12 months of supervision by the Administration for Children’s Services (ACS). A New York Criminal Lawyer said the mother ordered by the court to comply with the terms of an order of protection. Based on records, the administration for children’s services protects the children from abuse and abandonment or even neglect. The administration for children’s services also provides neighborhood-based services with the help of the community partners, to ensure the children to grow up in safe, permanent homes with strong families
Majority of the evidence supports the court’s finding that the mother neglected her children below eighteen years of age, by committing acts of domestic violence against the children’s father in the children’s presence. Through such actions, the children’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of the parent to exercise a minimum degree of care.
The out of court statements made by one of the children regarding the mother’s attacks on the father were supported by the father’s testimony, the responding police officer’s testimony, and the out of court statements of the mother’s daughters. A New York Criminal Lawyer said that based on records, no expert or medical testimony is required to show that the violent acts exposed the children to an imminent risk of harm. Evidence also supports the court’s finding of educational neglect as to one of the children. The record shows that, for the 2008–2009 school year, the child missed 64 out of 181 days of school and was late 38 out of 181 days. It shows excessive unexcused absences from school that supports a finding of neglect. The child’s guidance counselor testified that he had contacted the mother on numerous occasions regarding the child’s absenteeism, and there is no basis for disturbing the court’s credibility determinations.
The court properly determined that it was in the best interests of the children to give their custody to their father. However, the court placed the father under the supervision of a child protective agency and he must meet the terms and conditions of such supervision. The mother failed to cooperate with the agency or address the domestic violence issues that led to the removal of her children. Consequently, the father had taken steps to cooperate with family services and to create a stable home for his children.
Given the court’s finding that the mother committed acts of domestic violence against the father, which was supported by evidence, it providently exercised its judgment in issuing an order of protection prohibiting her from contacting her children for one year.
During the pending period of the neglect proceeding, the mother never moved for a hearing pursuant to prevent the relocation of the children to another authority. Accordingly, the mother’s argument that the court improperly permitted the children to relocate to another country with the father is unpreserved, and the court decline to review it in the interest of justice. A preponderance of the evidence demonstrates that the father’s relocation to another country is in the children’s best interests. The father informed the administration for children’s services that he wanted to move to another country to live in his sister’s home in order to improve the children’s lives. The said other country’s child protective services assessed the sister’s home and found it to be appropriate and safe. In addition, the children’s expression of a clear preference for remaining in the father’s care in the said other country is entitled to some weight.
Children in the family usually experience difficulty whenever their parents get into a troubled relationship. They are the one who suffered the most and sometimes violent actions may arise. If you been charged with domestic violence, sex crimes, or a theft charge, contact Stephen Bilkis and Associates.