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Neglect for Allowing Children to Be Driven by Intoxicated Driver.

A finding of neglect based upon the respondent’s allowing the mother of the children to drive with the children when she was intoxicated (.10%) was affirmed by the Third Department. Matter of Darcy Y., 514430 Third Dept. 2-14-13

 

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Court Did Not Have Power to Amend Child Support, Maintenance Judgment.

In reversing an “amended judgment” in which the judge purported to correct an error in the calculation of child support and maintenance arrears, the Fourth Department noted: “a court has no power to reduce or increase the amount of a judgment when there is no clerical error…”. Meenan vs Meenan, 1493, CA12-01885 Fourth Dept. 2-8-13

 

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Right to Counsel.

In a proceeding pursuant to part three, article six of the Family Court Act to allow a mother visitation with her child in her home, the Fourth Department determined the grandmother, who had primary physical custody of the child, should have been advised of her right to assigned counsel (Family Court Act section 262 (a)(iii)).  The court’s failure to so advise her constituted reversible error.  Matter of Wright vs Walker, 11, CA-12-00962 Fourth Dept. 2-1-13

 

Neglect Finding Based On Single Incident Reversed.

The First Department reversed a finding of neglect of a child which was based on a single incident.  There is a brief but substantive discussion of neglect or abuse findings based upon a single incident.  In re Pria J. L., et al, 8841 First Dept. 1-29-13

 

Father Estopped from Denying Paternity

Before a party can be estopped from denying paternity the court must be convinced applying equitable estoppel is in the best interest of the child.  Here the child was eight years old, knew the respondent as her father, with his encouragement, and relied on respondent to be her father.  Family Court’s finding the respondent was equitably estopped from asserting nonpaternity was correct.  Commissioner of Social Services vs. Julio, J., No. 57, SSM 44, CtApp, 1-10-13

 

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