Article 6 Volume 2 Flashcards
§ 651. Jurisdiction over habeas corpus proceedings and petitions for custody and visitation of minors.- (CUSTODY)
When referred from the supreme or county court, or initiated at the family court, the family court has the power to determine habeas corpus proceedings and petitions for the determination of custody and visitation of minors, including applications from ____________ for visitation and custody rights
grandparents
§ 651. Jurisdiction over habeas corpus proceedings and petitions for custody and visitation of minors.- (CUSTODY)
Prior to issuing any temporary or permanent orders of custody or visitation, the court shall conduct reviews of the decisions and reports from registries for histories of Article 10 child abuse/neglect, warrants, orders of protection and the sex offender registry.
Upon reviewing decisions and reports the court shall notify associated counsel, self-represented parties and attorneys for children and may issue temporary or permanent custody or visitation orders
Prior to the issuance of any successive permanent or initial temporary order of custody or visitation, the court shall conduct the same checks unless they were done within _________ prior. Again, parties and counsel must be notified of the results
ninety (90) days
§ 651. Jurisdiction over habeas corpus proceedings and petitions for custody and visitation of minors.- (CUSTODY)
The court can issue temporary emergency orders in certain circumstances in the event that it is not possible to timely review decisions and reports from registries as required
After issuing a temporary emergency order of custody or visitation, within __________ of the issuance of such temporary emergency order, such checks shall be made.
Should such ____________ period fall on a day when court is not in session, then the required reviews shall take place_________ the court is in session.
Parties and counsel shall be notified
twenty-four hours …. twenty-four hours . the next day
§ 651. Jurisdiction over habeas corpus proceedings and petitions for custody and visitation of minors.- (CUSTODY)
Here is an interesting section:
The commissioner of the office of children and family services, in conjunction with the office of court administration, is hereby authorized and directed to examine, study, evaluate and make recommendations concerning the feasibility of the utilization of computers in family courts which are connected to the statewide central register of child abuse and maltreatment as a means of providing family courts with information regarding parties requesting orders of custody or visitation.
Such report is to be submitted by 2029
§ 651. Jurisdiction over habeas corpus proceedings and petitions for custody and visitation of minors.- (CUSTODY)
Here is an interesting section:
The commissioner of the office of children and family services, in conjunction with the office of court administration, is hereby authorized and directed to examine, study, evaluate and make recommendations concerning the feasibility of the utilization of computers in family courts which are connected to the statewide central register of child abuse and maltreatment as a means of providing family courts with information regarding parties requesting orders of custody or visitation.
Such report is to be submitted by 2029
§ 651. Jurisdiction over habeas corpus proceedings and petitions for custody and visitation of minors.- (CUSTODY)
The Court can consider whether a parent’s military service would have an effect on child custody orders
An _______________ shall be appointed in all cases where a modification is sought during such military service.
Unless the parties have otherwise stipulated or agreed, if an order is issued pursuant to this subdivision, the return of the parent from active military service, deployment or temporary assignment shall be considered a ____________________.
Upon the request of either parent, the court shall determine on the basis of the child’s best interests whether the custody judgment or order previously in effect should be modified.
attorney for the child………. substantial change in circumstances
651-a. NEW UPDATED: Reports of child abuse and maltreatment; admissibility. (CUSTODY)
In proceedings for custody or visitation of minors, a report made to the statewide central register of child abuse and maltreatment which is otherwise admissible as a business record pursuant to civil practice law and rules (SHALL/SHALL NOT) BE ADMISSABLE AS EVIDENCE, unless:
an investigation of such report conducted pursuant to the social services law commenced on or before December 31, 2021 has determined that there is some credible evidence of the alleged abuse or maltreatment, or an investigation of such report commenced on or after January 1, 2022, determines that there is a fair preponderance of the evidence of the alleged abuse or maltreatment, that the subject of the report has been notified that the report is indicated. (What the heck does that mean??)
- If the commissioner of DSS or his designee has determined the report is unfounded, it shall not be admissible.
- Any deleted findings from an otherwise founded report shall not be admissible.
- If there are any additions to the report, such additions shall be admissible if otherwise admissible as a business record
If such a report, or portion thereof, is admissible in evidence but is ____________ it shall not be sufficient to make a fact finding of abuse or maltreatment in such proceeding. Any other evidence tending to support the reliability of such report shall be sufficient corroboration.
SHALL NOT……….. uncorroborated,
651-a. NEW UPDATED: Reports of child abuse and maltreatment; admissibility. (CUSTODY)
In proceedings for custody or visitation of minors, a report made to the statewide central register of child abuse and maltreatment which is otherwise admissible as a business record pursuant to civil practice law and rules (SHALL/SHALL NOT) BE ADMISSABLE AS EVIDENCE, unless:
an investigation of such report conducted pursuant to the social services law commenced on or before December 31, 2021 has determined that there is some credible evidence of the alleged abuse or maltreatment, or an investigation of such report commenced on or after January 1, 2022, determines that there is a fair preponderance of the evidence of the alleged abuse or maltreatment, that the subject of the report has been notified that the report is indicated. (What the heck does that mean??)
In addition, if such report has been reviewed by the state commissioner of social services or his designee and has been determined to be unfounded, it shall not be admissible in evidence.
If such report has been so reviewed and has been amended to delete any finding, each such deleted finding shall not be admissible.
If the state commissioner of social services or his designee has amended the report to add any new finding, each such new finding, together with any portion of the original report not deleted shall be admissible if it meets the other requirements of this section and is otherwise admissible as a business record.
If such a report, or portion thereof, is admissible in evidence but is ____________ it shall not be sufficient to make a fact finding of abuse or maltreatment in such proceeding. Any other evidence tending to support the reliability of such report shall be sufficient corroboration.
§ 652. Jurisdiction over applications to fix custody in matrimonial actions on referral from supreme court - (CUSTODY)
When referred from the _________ to the family court, the family court has the jurisdiction to fix temporary and permanent custody as well as modify judgments and orders as a result of separations and divorces
supreme court
§ 652. Jurisdiction over applications to fix custody in matrimonial actions on referral from supreme court - (CUSTODY)
Generally the family court may modify such custody and visitation orders originally made in the supreme court unless the supreme court order specifically indicates such orders may only be modified in the supreme court
§ 652. Jurisdiction over applications to fix custody in matrimonial actions on referral from supreme court - (CUSTODY)
Generally the family court may modify such custody and visitation orders originally made in the supreme court unless the supreme court order specifically indicates such orders may only be modified in the supreme court
653 - Rules of court. (CUSTODY)
The probation service may interview people and obtain data as will aid the court in determining a habeas corpus or custody proceeding
653 - Rules of court. (CUSTODY)
The probation service may interview people and obtain data as will aid the court in determining a habeas corpus or custody proceeding
- Temporary order of protection. (CUSTODY)
A temporary order of protection may be issued under this article using the standard rules for such issuance in the family court
- Temporary order of protection. (CUSTODY)
A temporary order of protection may be issued under this article using the standard rules for such issuance in the family court
- Order of protection. (CUSTODY)
The court may make an order of protection and an order of __________ in assistance or as a condition to any other order made under this part
probation
§ 656-a. Firearms; surrender and license suspension, revocation and
ineligibility. (CUSTODY)
Upon the issuance of an order of protection or temporary order of protection, or upon a violation of such order, the court shall make a determination regarding the suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms, ineligibility for such a license and the surrender of firearms in accordance with section eight hundred forty-two-a of this act.
§ 656-a. Firearms; surrender and license suspension, revocation and
ineligibility. (CUSTODY)
Upon the issuance of an order of protection or temporary order of protection, or upon a violation of such order, the court shall
make a determination regarding the suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms, ineligibility for such a license and the surrender of firearms in accordance with section eight hundred forty-two-a of this act.
- Certain provisions relating to the guardianship and custody of children by persons who are not the parents of such children. (CUSTODY)
This section provides for certain rights that are granted to those who have legal custody and guardianship of a minor child other than the birth parents. It provides that such individuals have the right and responsibility to issuing any necessary consents regarding:
- the child’s protection
- education,
- care and control
- health and medical needs, and
- the physical custody of the person of the child
- Certain provisions relating to the guardianship and custody of children by persons who are not the parents of such children. (CUSTODY)
This section provides for certain rights that are granted to those who have legal custody and guardianship of a minor child other than the birth parents. It provides that such individuals have the right and responsibility to issuing any necessary consents regarding:
-the child’s protection
-education,
-care and control
-health and medical needs, and
-the physical custody of the person of the child
- Certain provisions relating to the guardianship and custody of children by persons who are not the parents of such children. (CUSTODY)
Nothing in this subdivision shall be construed to limit the ability of ________ to consent to his or her own medical care as may be otherwise provided by law.
a child
- Certain provisions relating to the guardianship and custody of children by persons who are not the parents of such children. (CUSTODY)
It also stipulates that if you have custody of a child that you are not the parent of, just as in guardianship, you can put them on your ________________
employer sponsored health insurance plan
