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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 terminating the mother’s parental rights based upon mental illness.

Matter of Tyler M.J. (Adrianna J.), 104 AD3d 768 (2nd Dept. 2013)

In an appeal by the mother from an order terminating her parental rights in a proceeding where I represented the child in Family Court and on appeal, the Second Department accepted my argument that Family Court properly found that there was clear and convincing evidence that she is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for the subject child (see Social Services Law § 384-b [4] [c]).  The Court accepted my argument that finding was supported by the testimony of the court-appointed psychologist, who interviewed the mother and reviewed her medical records, who testified that the mother suffers from schizoaffective disorder with bipolar features and who opined that if the child were returned to the mother, he would be at risk of being neglected in the present and in the foreseeable future due to the nature of the mother’s illness, the mother’s lack of insight about her illness, and the mother’s inability to act in accordance with her child’s needs due to her illness.

http://www.nycourts.gov/reporter/3dseries/2013/2013_01553.htm