Matter of Mia M.M.-S. (Desiree M.D.)
Second Department affirms neglect finding based on excessive corporal punishment leaving marks on child’s face, holding single incident sufficient and deferring to Family Court credibility determinations.
Second Department affirms neglect finding based on excessive corporal punishment leaving marks on child’s face, holding single incident sufficient and deferring to Family Court credibility determinations.
Second Department affirms dismissal of child protective petition where child’s testimony contained central inconsistencies rendering it incredible as a matter of law.
Second Department affirms contempt finding and over $200,000 in child support arrears against husband who willfully defaulted on pendente lite support order during divorce proceeding.
The Sixth District upheld a graduated supervised visitation order for a father newly established as the biological parent, finding the order sufficiently specific and not violative of due process.
The Second District upheld dismissal of a father’s support modification motion as a discovery sanction and the conversion of $71,627 in child support arrearages into a money judgment.
The First District affirms an attorney fee apportionment under the Uniform Partition of Heirs Property Act, finding that purely procedural challenges to a partition complaint do not constitute a ‘good and substantial defense’ warranting fee-shifting.
The Second DCA reversed the termination of a mother’s parental rights to her autistic child, finding the Department failed to prove the statutory ground and that termination was not the least restrictive means of protecting the child where the mother had previously completed a case plan.
The Sixth DCA weighed in on the district split regarding whether the 2023 amendment to section 61.08—which eliminated permanent alimony—applies to cases where a final judgment was entered before the amendment’s effective date but is on appeal.
The Fourth Department affirms the defendant’s guilty plea conviction for aggravated family offense, rejecting the claim that the plea was involuntarily entered based on statements made at sentencing.
The Fourth Department affirms the termination of a father’s parental rights under Social Services Law section 384-b, addressing only his challenge to the denial of an adjournment request while dismissing remaining claims.