NY CHILD WELFARE - MAY COURT DIRECT CHILD WELFARE COOPERATION TO A NONRESPONDENT PARENT
A Lawyer's Blog - Jon Michael Probstein, Esq.
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2d ago
In this case, after the domestic violence incident, child welfare only brought the abuse and neglect case against the abusive father but still wanted the victim mother involved with them  MATTER OF SAPPHIRE W., 2025 NY Slip Op 662 - NY: Appellate Div., 2nd Dept. 2025: "VENTURA, J. APPEAL by the nonrespondent mother, in a proceeding pursuant to Family Court Act article 10, from an order of the Family Court (Robert D. Hettleman, J.), dated August 31, 2023, and entered in Kings County. The order, insofar as appealed from, placed the nonrespondent mother under the supervision of the Adminis ..read more
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NY CHILD WELFARE - SEEKING VISITATION AFTER CHILD REMOVED THROUGH AN EXPERT
A Lawyer's Blog - Jon Michael Probstein, Esq.
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2d ago
The assumption is that the father was asking for the court to pay for this expert assessment and further ask that it be dispositive. MATTER OF ZV, 2025 NY Slip Op 50100 - NY Co. Family Court 2025: YAEL WILKOFSKY, J. "On or about May 31, 2024, the petitioner Administration for Children's Services ("ACS") filed a Family Court Act ("FCA") Article 10 neglect petition on behalf of the subject child Z.V. (the "subject child") against the respondent J.V. (the "respondent father"). The respondent father now moves for an Order directing that a visitation assessment be conducted by S.N., LMSW, to asse ..read more
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NOW A DIVORCE CAN BE REALLY QUICK WITHOUT LAWYERS - IF BOTH SIDES AGREE
A Lawyer's Blog - Jon Michael Probstein, Esq.
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3d ago
  NEW YORK—Chief Administrative Judge Joseph A. Zayas and First Deputy Chief Administrative Judge Norman St. George today announced the statewide rollout of the court system’s Uncontested Joint Divorce program, which will ease the divorce process for many New Yorkers.   In an uncontested joint divorce, both parties agree to end the marriage and on what will happen to their finances and property—and for those with children, on child custody  (parenting time) and support. With the statewide launch of the Uncontested Joint Divorce program, New Yorkers across the State’s 62 ..read more
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NY CHILD WELFARE - WHEN ONE ACT OF CORPORAL PUNISHMENT EQUALS NEGLECT
A Lawyer's Blog - Jon Michael Probstein, Esq.
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1w ago
"MATTER OF ELINA M., 2024 NY Slip Op 6574 - NY: Appellate Div., 2nd Dept. 2024: VOUTSINAS, J. APPEAL by the father, in a proceeding pursuant to Family Court Act article 10, from an order of disposition of the Family Court, Kings County (Ilana Gruebel, J.), dated June 27, 2023, and entered in Kings County. The order of disposition, upon an order of fact-finding of the same court dated May 5, 2023, made after a fact-finding hearing, finding that the father neglected the subject child, and after a dispositional hearing, inter alia, released the subject child to the custody of the nonrespondent ..read more
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NEW YORK DIVORCE - A PRENUP WAIVER OF SPOUSAL MAINTENANCE ALSO NEEDS THE FULL CALCULATION
A Lawyer's Blog - Jon Michael Probstein, Esq.
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3w ago
JM v. GV, 2025 NY Slip Op 25004 - NY King Co. Supreme Court 2025: ".... Full Presumptive Maintenance Calculations Parties are entitled to opt-out of the post-divorce maintenance computational formula established in Domestic Relations Law § 236 provided that the parties comply with Domestic Relations Law § 236(B)(3). Domestic Relations Law § 236(B)(3) states that: "An agreement by the parties, made before or during the marriage, shall be valid and enforceable in a matrimonial action if such agreement is in writing, subscribed by the parties, and acknowledged or proven in the manner required t ..read more
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PENDENTE LITE MOTION BRINGS RELIEF TO SPOUSE
A Lawyer's Blog - Jon Michael Probstein, Esq.
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1M ago
This decision highlights the main issues that come up in a pendente lite hearing. KO v. MO, 2024 NY Slip Op 51754 - Kings Co. NY Supreme Court 2024: "JEFFREY S. SUNSHINE, J. The parties were married in June 2013. The plaintiff-mother commenced this action for divorce by filing a summons with notice on January 12, 2023, which was served March 23, 2023. The request for judicial intervention was filed on March 23, 2023. The parties stipulated to adjourn the preliminary conference from May 16, 2023 to June 7, 2023. A preliminary conference was held on June 7, 2023 [NYSCEF No.15].[1] Defendant-fa ..read more
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NEW ADR APPOINTMENT
A Lawyer's Blog - Jon Michael Probstein, Esq.
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1M ago
I was recently appointed to be a panel member of the Alternative Dispute Resolution (ADR) Advisory Council for the Eastern District of New York. The mission of the ADR program is to provide federal litigants with an opportunity to resolve their disputes expeditiously through court mediation and arbitration.   From http://jmpattorney.blogspot.com ..read more
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NY CHILD WELFARE CASE - DISMISSAL WITHOUT HEARING
A Lawyer's Blog - Jon Michael Probstein, Esq.
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1M ago
Matter of Autumn A. (Cherrie A.), 2024 NY Slip Op 51769(U), December 23, 2024, Family Court, Kings County, Deane, J: "Introduction On November 18, 2024, the Respondent mother, Cherrie A. ("Respondent"), filed a motion to dismiss the neglect petitions against her, pursuant to Family Court Act § 1051(c) on the grounds that the aid of the court was no longer required given the fact that she has safely cared for her 8 children since the filing of this neglect case 7 months ago and in light of the extreme negative impact that this case and ACS/Court involvement has had on the family. The motion i ..read more
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NY CHILD WELFARE CASE - NO REMOVAL OF CHILD NEEDED
A Lawyer's Blog - Jon Michael Probstein, Esq.
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1M ago
In the Matter of C.F., Date filed: 2024-12-10, Court: Family Court, New York, Judge: Judge Yael Wilkofsky, Case Number: (redacted): PLEASE TAKE NOTICE: PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL MUST BE TAKEN WITHIN THIRTY DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, THIRTY-FIVE DAYS FROM THE MAILING OF THE ORDER TO THE APPELLANT BY THE CLERK OF THE COURT, OR THIRTY DAYS AFTER SERVICE BY A PARTY OR ATTORNEY FOR THE CHILD UPON THE APPELLANT, WHICHEVER IS EARLIEST. DECISION AND ORDER On or about November 29, 2024, the petitioner, Administration for Children’s Services ..read more
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NYC FAIR CHANCE FOR HOUSING ACT
A Lawyer's Blog - Jon Michael Probstein, Esq.
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1M ago
From an email from the firm of Schwartz Sladkus Reich Greenberg Atlas LLP: "The New York City Council recently enacted Local Law 24 of 2024 – The Fair Chance for Housing Act (the “Act”) - which makes it unlawful for an owner of real estate in New York City to refuse to rent, lease, to withhold approval for a sale or lease or otherwise to deny or withhold a housing accommodation to an individual based upon such individual’s criminal history other than in limited instances described in the Act. The purpose of the Act is to prevent housing discrimination against individuals who were previously ..read more
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