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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 the child to order of kinship guardianship to aunt over the mother’s objections.

Matter of Caron C.G.G. (Alicia G.), 165 AD3d 476 (1st Dept 2018)

In this kinship guardianship petition where I represented one of the children, the First Department accepted my argument that Family Court properly found that petitioner met her burden to demonstrate the requisite extraordinary circumstances to obtain guardianship of the children over the mother’s objections.  As I pointed out in my brief, the mother had already been separated from the children for over seven years while the children had consistently lived with and been cared for by their aunt. Although the mother was incarcerated for the first three of those years, she had only intermittent, sporadic contact with the children even after her release, for reasons not adequately explained. In contrast, the aunt, consistently since July 2010, has assumed full responsibility for the children’s daily care. The Court further accepted my argument that the award of guardianship was in the children’s best interests

http://www.nycourts.gov/reporter/3dseries/2018/2018_06796.htm