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Findings of Child Neglect

Findings of Child Neglect

  Matter of Anastasia L.-D. (Ronald D.)   Jeffrey D. Friedlander, Acting Corporation Counsel, New York, N.Y. (Leonard Koerner and Ronald E. Sternberg of counsel), for appellant. Deanna Everett-Johnson, Brooklyn, N.Y., for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Patricia Colella of…

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Contested Custody Cases

Contested Custody Cases

  Matter of Mandal v Mandal   Amy Mulzer, Brooklyn, N.Y., for appellant. Teresita Morales, Jamaica, N.Y., attorney for the children. In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of…

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You can beat an order of protection case if…

You can beat an order of protection case if…

  Matter of Shiffman v Handler Bondi Iovino & Fusco, Garden City, N.Y. (Desiree Lovell Fusco of counsel), for appellant. Pearlman, Apat, Futterman Sirotkin & Seinfeld, LLP, Kew Gardens, N.Y. (Martin Seinfeld, Richard H. Apat, and Jordana Seiden of counsel), for respondent. In a family…

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In a divorce matter where the marital residence is at issue…

In a divorce matter where the marital residence is at issue…

In a divorce matter where the marital residence is at issue, the Court should give the parties the option of retaining exclusive occupancy of the residence upon payment of the marital debts, within a reasonable amount of time,” says attorney Joseph H. Nivin. SUPREME COURT…

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Joseph H. Nivin’s success in this case shows it’s not impossible to overturn a trial court’s factual determinations!

Joseph H. Nivin’s success in this case shows it’s not impossible to overturn a trial court’s factual determinations!

2.28.14 Joseph H. Nivin, Jamaica, N.Y., for appellant. In a proceeding pursuant to Family Court Act article 6 for the appointment of Gardeep S. as guardian of the child Kamaljit S., Kamaljit S. appeals from an order of the Family Court, Queens County (Pach, J.H.O),…

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The Jurisprudence of Parental Alienation

The Jurisprudence of Parental Alienation

By Joseph H. Nivin, Esq. I. Introduction In child custody proceedings, New York courts are charged with making critical, and emotional, choices about children’s lives. These choices include where a child will live, who will make decisions about a child’s medical and academic needs, and…

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When Domestic Violence Constitutes Child Neglect- Judicial Analysis of Impairment within the Meaning of Family Court Act §1012(f)(i)

When Domestic Violence Constitutes Child Neglect- Judicial Analysis of Impairment within the Meaning of Family Court Act §1012(f)(i)

By Joseph H. Nivin, Esq. Introduction In the child protective part of New York Family Court, jurists face dueling responsibilities when called upon to determine whether domestic violence constitutes child neglect.[1] First, the Family Court must execute the purposes of N.Y. Family Court Act (FCA) Article…

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