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Law & Mediation Office of Lewis S. Calderon

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Won affirmance on behalf of child of order terminating his father’s parental rights while leaving his mother’s rights intact.

Matter of Naturel W. E. (Andre C.), 176 AD3d 1055 (2nd Dept 2019)

In this termination of parental rights proceeding where I represented one of the child both in Family Court and on appeal, the Second Department accepted my argument that the father failed to preserve his contention that the extended suspended judgments did not sufficiently set forth their terms and that in any event, the orders at issue specifically referenced the prior suspended judgments which clearly set forth the conditions with which the father was required to.  The Court also accepted my arguments that the father failed to comply with the conditions during the term of the suspended judgments and that the best interests of the children would be served by terminating the father’s parental rights.  Finally, the Court accepted my argument that Family Court may enforce a suspended judgment without the need for a separate dispositional hearing where, as here, the record demonstrates that ” the court has presided over prior proceedings from which it became acquainted with the parties, and the record shows that the court was aware of and considered the child[ren]’s best interests'”.

http://www.nycourts.gov/reporter/3dseries/2019/2019_07579.htm