FCA § 1015
Family Court rules FCA § 1015-a permits instructing social services to take kids in temporary custody to supervised visits pre-final disposition. In the case of D.G., G.C., G.L., I.C., I.L., K.C., L.C., M.C., S.C., Family Court noted authority under Family Ct Act §§ 255, 1015-a and 18 NYCRR §§ 427.3(c)(1); 441.15 to provide foster children with necessary services, including visit expenses. FCA § 1015-a authorizes courts to order services for family protection, rehabilitation, or child discharge from foster care, encompassing visitation. FCA § 1030 applies to kids in temporary custody pre-final disposition, ensuring parents’ visitation rights. Family Court stressed visitation as crucial for family ties and reunification, mandating bi-weekly visits. Despite the Petitioning Agency’s resource argument, the Court directed Catholic Guardian Services to transport I.C. and S.C. for their second weekly supervised visit, granting the Mother’s request.
McDowell v Marshall
In the Matter of McDowell v Marshall, the Appellate Division, Second Department stated that unfounded, repeated claims of sexual abuse constitute a significant change warranting a best interest hearing for modifying custody arrangements. Altering custody demands demonstrating subsequent changes for the child’s best interests, assessed through a holistic view. Persistent baseless allegations of sexual abuse qualify as a substantial shift. Custody arrangements originating from party agreements carry less weight than court determinations. The Family Court rightly noted a change due to the mother’s ongoing sexual abuse claims during the child’s medical care post-previously dismissed allegations. Also, evidence of a hostile parental relationship indicated unworkable joint decision-making, constituting another change. The decision to transfer primary custody and decision-making authority to the father was deemed valid, ensuring the child’s best interests based on substantial evidence.
Divorce is ugly and we all know it. The good news is that having a good attorney on your side can provide you with warmth, comfort and security in this difficult situation. We hope you did not have kids before the divorce, but if you did, we will try to help everything related to custody go smooth as well. Whether you are facing a contested or uncontested divorce you can reach out to our Queens Divorce Attorney today to schedule & fast & free legal consultation.
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