Won Affirmance On Behalf Of The Children To Order Denying Mother’s Motion To Vacate Her Default Of Order Terminating Her Parental Rights.

Matter of Ronald Kendell G. (Janet G.), 169 AD3d 558 (1st Dept 2019)

In this termination of parental rights proceeding where I represented the children on appeal, the First Department accepted my arguments that Family Court providently exercised its discretion in denying the mother’s motion to vacate her default because she failed to substantiate her claim that employment in Pennsylvania prevented her from timely attending the hearing.  The Court also cited to my argument that the mother also failed to establish a meritorious defense to the allegations of permanent neglect. Despite the mother’s claims to the contrary, the agency exercised diligent efforts to reunite her with the children and although the mother participated in certain services, there wasno change in her ability to care for the children.  Finally, the Court accepted my argument that termination of the mother’s parental rights was in the children’s best interest as the foster mother, who is also the children’s paternal grandmother, has cared for the children for several years and tends to their special needs.

http://www.nycourts.gov/reporter/3dseries/2019/2019_01321.htm