Showing posts with label family law. Show all posts
Showing posts with label family law. Show all posts

Monday, September 29, 2025

September 30 is New York State Unified Court System Interpreter Recognition Day

Schuyler County Attorney Steven J. Getman joins the New York State Unified Court System in proudly recognizing September 30, 2025, as Interpreter Recognition Day. 

The New York State Unified Court System’s Interpreter Recognition Day highlights the essential role these professionals play in fostering a fair and accessible judicial system.

 “We are deeply grateful for the vital work of court interpreters,” said Getman. “Their commitment to accuracy and impartiality strengthens our courts and ensures that every voice is heard. Schuyler County proudly celebrates their contributions to justice and community.”

 For more information about court interpreter services in New York State, visit the New York State Unified Court System website.

 


 


Monday, November 25, 2024

New Hope Card Program to Enhance Safety of Domestic Violence Survivors

Schuyler County Attorney Steven Getman wants Domestic Violence Survivors to know about the implementation this month of the Hope Card program, a new initiative of the New York Courts that will further enhance the safety of domestic violence survivors, family court litigants and of crime victims generally.

“A Hope Card is a portable version and/or summary of an order of protection,” Getman said. “Parties with final orders of protection may request and receive, free of cost, a physical Hope Card, a digital Hope Card, or both, which they can carry in their wallet, pocket, or on their cell phone.”

“An order of protection is issued by a court to limit the behavior of someone who harms or threatens to harm another person,” he continued. “It is used to address various types of safety issues, including, but not limited to situations involving domestic violence, child abuse and neglect and crime victim safety. Family courts, criminal courts and supreme courts can all issue orders of protection where legally authorized.”

According to Getman, the physical Hope Card is a durable, wallet-sized card with a summary of the information on the order and a link to a digital image of the order. A digital Hope Card is a digital image of the order. Physical Hope Cards are sent to the protected party by mail, while digital Hope Cards are sent by email or text message, with a secure link to the digital image.

“Protected parties can readily provide vital information regarding orders of protection quickly and effectively to law enforcement in an emergency,” Getman said. “The cards will also enable protected parties to share the details of an order with their school, workplace, family or friends.”

Implementation of the Hope Card program follows passage last year in New York State of the Hope Card Act, designed to empower domestic violence survivors to enforce their orders of protection, Getman noted.

A Hope Card request can be made online or by filing a Hope Card Request form with the court clerk’s office at any Criminal, Family, or Supreme court. Hope Card Request forms are available online or at a criminal, family, or supreme courthouse.

Copies of the request form will also be available online at the Schuyler County Attorney’s Office webpage.

The Schuyler County Attorney is the legal advisor for county government. The Schuyler County Attorney's Office also serves as “presentment agency,” prosecuting cases of juveniles accused of crimes or delinquent behavior in Family Court as well as the attorney for the Department of Social Services when investigating and prosecuting Family Court cases of child abuse and neglect.

For more information about Hope Cards and who can request them, click here.WENY News

Monday, September 30, 2024

October is Domestic Violence Awareness Month

Office for the Prevention of Domestic Violence
Domestic Violence Awareness Month is an opportunity to Start the Conversation about this important issue in all aspects of your life and show those impacted by domestic violence
that they are not alone. Whether you share the NYS Domestic and Sexual Violence Hotline number, join one of our Domestic Violence 101 trainings, or wear purple on October 19 for #PurpleThursday, this page is designed to share ways you can be an ally this October and all year long!

Here are some highlights of this month’s activities:

• Every Tuesday in October: Domestic Violence 101.
• October 1: New York State Assets lit up in purple
• October 17-19: The New York State Clothesline Project in the Empire State Plaza Concourse. The exhibit will focus on providing a platform for survivors to help them break the silence surrounding their abuse.
• October 19: Wear purple in honor of #PurpleThursday
• October 19: New York State Assets lit up in purple
• October 25: Start the Conversation: Engaging Men and Boys panel at Syracuse University
• All October: A social media campaign to help people #StartTheConversation in all aspects of their life

And locally, on Oct. 10 in Schuyler County, members of the community will gather in LaFayette Park in Watkins Glen from 6 p.m. to 7 p.m.

Monday, February 6, 2023

Second Amendment Legal Update: February 2023

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete copy of this month's report, click here.

Monday, August 1, 2022

Schuyler County Dad Lands in Jail for Failing to Pay Child Support

Finger Lakes Daily News:
A Schuyler County man was given a 90-day jail sentence for not paying over $11,000 in past-due child support, following an appearance in Schuyler County Family Court on Tuesday (July 19, 2022).

(T)he man was found in willful violation of a prior court order because he failed to pay $11,735.85 in court-ordered support for the benefit of his two children. This failure to pay stretched back to at least July 2018, and had already resulted in numerous judgments, a probation sentence and a prior order of incarceration, court records showed. The man is also facing a new child support violation proceeding, that can also result in up to an additional six months of incarceration. Most recently the respondent was picked up on a child support warrant in Chemung County on Monday (July 18, 2022).

Assistant County Attorney Vinton Stevens presented the violation case for the County Attorney’s office. At Wednesday’s court appearance, Stevens advised the court that the respondent had not made any payments toward the amount due since December 2021, although the man had been employed and paying up until that time.

Based on the evidence, Stevens argued that the respondent should be sentenced to 90 days in jail, due to the man’s failure to meet the conditions of a previously imposed suspended sentence.

The respondent was represented by Schuyler County Assistant Public Defender Mark Raniewicz.

After hearing from the attorneys, and giving the respondent an opportunity to speak, Schuyler County Family Court Judge Matthew Hayden determined that the respondent should be jailed. Therefore, he sentenced the respondent to ninety days of incarceration. Hayden also directed that the respondent could be released from jail if he paid the full amount of back child support.

****

The man’s name and address were not released to protect the privacy of his children and family.

Monday, March 28, 2022

Kyra’s Law: reforms proposed to address domestic violence, protect children

A proposed law to reform New York State’s divorce and Family Courts to protect children and families at risk of domestic violence, is moving closer to passage.

"Kyra’s Law," currently in committee, would amend Domestic Relations Law 240, adding a number of requirements and presumptions in any custody and visitation proceeding involving allegations of child abuse or domestic violence by a parent, regardless of whether the allegations involve the subject child.

The provisions include:

• A requirement that the court must first consider allegations of child abuse or domestic violence before considering any other best interest factors and hold a hearing on the allegations within 60 days of the filing of a petition.
• If the court finds a pattern of domestic violence or child abuse, then the court must award sole custody to the “non-offending parent” and must suspend visitation, or only award professionally supervised visitation, without court discretion.
• In any custody and visitation proceeding where such pattern is found, concerns regarding parental alienation are not admissible and may not be considered in a best interests determination.

The proposed law would also mandate domestic and child abuse training for state judges and other court officials.

For the complete text of the proposed law, click here.

Monday, August 9, 2021

New York State Releases Caseload Standards for Family Court Public Defense lawyers

The New York State Officie of Indigent Legal Services (OILS) has released Caseload Standards for Parents’ Attorneys in New York State Family Court Mandated
Representation Cases. The standards are intended to cover public defenders, assigned counsel and other attorneys assigned to provide mandated representation for people who cannot afford their own lawyer in various types of family court cases.

The standards include both maximum annual case assignment limits and a minimum average number of hours attorneys should spend on each case.

Cases are broken down into thirteen case categories:

• paternity;
• willful violation of support;
• willful violation other;
• family offense;
• guardianship;
• violation of conditional surrender;
• adoption;
• modification of prior order;
• custody/visitation;
• conditional surrender;
• neglect;
• abuse; and
• TPRs (termination of parental rights).
Approval of the standards is contingent upon the availability of State funding to implement the standards. The full report can be found here.

Monday, February 1, 2021

New York: Large Weddings Allowed to Resume with Local Health Approval

New York State officials have announced that larger capacity weddings will be allowed to resume on March 15, subject to approval by local health departments (LHD).

Events can be held at 50% capacity with a limit of 150 attendees. All patrons attending the event are required to be tested for COVID-19. Local officials are awaiting additional guidance about the role that they are expected to play in approving these ceremonies, as well as the state’s testing parameters.

More coverage is available here.

Monday, September 21, 2020

Schuyler County SCOPE To Make Free Gun Locks Available In Schuyler County Through Partnership With County Attorney

The Schuyler County Chapter of Shooters Committee on Political Education (SCOPE) in conjunction with the Office of Schuyler County Attorney Steven Getman, is giving away free cable-style gun locks to Schuyler County families.

The locks can be obtained from the County Attorney’s Office by calling 607.535.8121 during normal business hours and scheduling a pickup time. One lock will be available per household and will be provided on a “first come, first serve” basis. Supplies are limited.

“We are pleased to have the Schuyler County Attorney’s Office as a partner in this educational program” said Daniel Phillips, Schuyler County SCOPE Secretary. “The mission of SCOPE is to educate the public on the importance of our Constitutional right to keep and bear arms, as well as to make every effort to educate anti-gun politicians. We can help accomplish this by promoting responsible voluntary gun safety measures for gun owners that do not conflict with the Second Amendment.”

“Partnering with County Attorney Getman allows SCOPE to participate in a countywide effort to promote firearms safety education and increase awareness of just one of Governor Cuomo’s many gun laws. We are 100% membership funded and made up of concerned gun owners and conservation clubs across New York State.”

According to Getman, the giveaway will also help ensure that gun owners are in compliance with New York’s strict firearms storage laws, which require them to lock up their firearms while living in a home with someone under the age of 16.

“We encourage county residents to pick up a free lock so that they can securely store their firearm,” said Getman. “The locks fit on most types of handguns, rifles and shotguns. The cable is threaded through the weapon and blocks the barrel or the use of ammunition. It’s secured by a padlock and key.”

“The goal is to prevent a young child or other unauthorized person from accessing a firearm in the home.”

Phillips and Getman noted that the locks have been donated by SCOPE and, therefore, there is no county charge to the taxpayers for this service.

SCOPE is a non-partisan statewide 501(c)4 organization dedicated to educating the public about firearm ownership, Second Amendment rights and legislation. The Schuyler County chapter’s meetings are held on the 2nd Thursday of the month at 7:00 pm in January, March, May, October and as necessary at the Montour Falls Moose Lodge, 2096 Co Rd 14, Montour Falls, NY 14865.

The Schuyler County Attorney is the legal advisor to the county legislature, county administrator and other county officials. In addition, the county attorney prosecutes family court cases of child abuse and neglect, juvenile delinquency and other civil matters on behalf of county officials.

Monday, May 18, 2020

New York’s Highest Court denies appeal in Schuyler sex abuse case.

The New York State Court of Appeals, the state’s highest court, has rejected a Schuyler County man’s latest attempt to appeal a finding that he had sexually abused his four-year-old daughter and neglected his three minor children.

On Thursday (April 30, 2020) the Court denied the man’s motion for leave to appeal an October 2019 decision of the New York State Supreme Court’s Appellate Division.  That prior decision, Matter of Lawson O.,” unanimously affirmed a Schuyler County Family Court order made  by Judge Dennis Morris in 2017.

The Schuyler County Department of Social Services (DSS) had charged the man in Family Court with abuse and neglect  of his children following receipt of a child protective services hotline report in January 2016. According to testimony before the Family Court, the man’s daughter had been discovered acting out sexually and then disclosed to a family member that her father had been having oral sexual contact with her.

Following a hearing in 2017, Morris determined that the girl’s out-of-court statements regarding the alleged sexual abuse were sufficiently corroborated and that the father had abused his daughter, derivatively abused her two siblings and neglected all three of his children. Therefore, he entered an order of protection, directing the father have no contact with the children, other than supervised visitation and communications reviewed and approved in advance by DSS, and directing him to enter sex offender treatment.

The father, through attorney Dana Salazar, appealed to the Appellate Division, alleging that the Family Court’s finding of abuse was not adequately established by the evidence.

Schuyler County Attorney
Steven Getman
The DSS was represented on appeal by Schuyler County Attorney Steven Getman. Getman asked the appellate court to uphold the Family Court findings. Getman argued that that the girl had demonstrated an “age-inappropriate knowledge of sexual activity” through her behaviors prior to the disclosure, supporting her description of abuse. He also cited evidence of prior sexual abuse allegations against the father involving other family members, and the father’s admissions that he spent approximately eight months in jail stemming from an earlier sexual abuse charge related to a niece. Getman also pointed out the father had admitted on the stand to lying to law enforcement officials, thereby showing a propensity for dishonesty.

The Appellate Division agreed with DSS, finding “a sound and substantial basis exist[ed] in the record to support Family Court’s finding that respondent abused the daughter.” Therefore, it upheld the Family Court order in all respects.

The father, again through Salazar, thereafter moved for leave to appeal to the New York State Court of Appeals.      The DSS, through Getman, opposed the motion, arguing that the Appellate Division’s decision was consistent with longstanding precedent.

In Thursday’s decision of the Court of Appeals rejected the father’s motion without comment, holding simply “Motion for leave to appeal denied.”

According to Getman, this decision effectively ends the father’s ability to challenge the Family Court’s abuse and neglect findings.

Neither the Court of Appeals nor the Appellate Division decision names the father or the children, using pseudonyms to protect the children’s privacy.

The Schuyler County DSS is the lead civil investigative agency for cases of alleged child abuse and neglect. The Schuyler County Attorney is the prosecuting attorney for all county agencies involving civil cases, including Family Court matters involving abuse and neglect.

Both agencies were assisted in the investigation of the case by members of the Schuyler County Sheriff’s department.

Monday, December 2, 2019

Genesee County man sentenced in Schuyler County for failure to pay child support

Watkins Glen, NY (November 25, 2019)--A Bergen (Genesee County) man was given a 120-day stayed jail sentence for not paying past-due child support, following an appearance in Schuyler County Family Court on Monday (November 25, 2019).

According to County Attorney Steven Getman, the respondent was found in willful violation of a prior court order because he failed to pay nearly $7000.00 ($6943.22) in back support for his two children, who reside with their mother in Schuyler County.

Court records indicated that the last payment was made June 2016, Getman said.

After hearing from the parties, Acting Schuyler County Family Court Judge John Rowley determined that the respondent should be punished for contempt of court. Therefore, he sentenced the respondent to 120 days in jail, with the opportunity to “purge” the sentence if he paid at least $3000.00 towards the back child support prior to January 3, 2020. If the sentence is not purged, Rowley held, the man would be incarcerated on that date.

The case was prosecuted by Assistant County Attorney Vinton Bovier Stevens. The respondent was represented by Ithaca attorney Nicole Pence.

Under New York State law, parents who willfully fail to obey court orders of child support can be sentenced to up to six months for contempt of court, Getman noted.

The county attorney’s office represents the Department of Social Services in prosecuting child support cases brought in the family court by that agency. In addition, the office provides support collection services for eligible custodial parents seeking assistance in establishing and enforcing orders for child support.

The county attorney’s office was assisted in the prosecution and presentation of the case by employees of the county’s child support enforcement unit.

The man’s name was not released to protect the privacy of his children and family.

Monday, November 18, 2019

New York enacts new adoption law allowing release of original birth certificates

From Syracuse.com:
For the first time since 1935 when the state sealed adoption records, adoptees will be able to obtain their original birth certificate when they turn 18 and find out the names
of their birth parents....

New York law prevented... adoptees to obtain their original birth certificates because the state sealed birth records to protect the privacy of mothers and fathers who gave up their children for adoption.

Supporters of the bill argued that times have changed, and that adoption no longer carries the stigma it did decades ago. It’s also easier to track down relatives through advances in genetic testing and online ancestry sites....

The law will go into effect Jan. 15, 2020. The legislation directs the state Department of Health to develop a process to handle adoptee requests for the records.

Wednesday, August 7, 2019

Savona man jailed on family court’s child support warrant

A Savona man was remanded to jail on a Family Court warrant, tied to his failure to pay child support, on Wednesday (August 7, 2019).

According to County Attorney Steven Getman, the respondent was previously found in willful violation of an existing court order because he failed to pay $475.00 in back child support for his two children, together with an additional $344.00 in judgments.  According to court records, the respondent was scheduled to appear for sentencing on the violation July 16, but failed to do so, resulting in Family Court Judge Joseph Cassidy issuing a warrant for his arrest.
The respondent was later located in Steuben County, after the Schuyler County Attorney’s office determined he was on probation in that county for an unrelated criminal offense, Getman noted.    He was taken into custody in Steuben County and transferred to Schuyler County for further proceedings on the warrant.

The respondent was arraigned before Montour Falls Village Justice Donald Spaccio, who continued bail at $475.00 and remanded the respondent to jail pending the next Family Court date.

Schuyler County Attorney Steven Getman
Getman represented the petitioner at the court appearance.   The respondent was represented by Schuyler County Assistant Public Defender Valerie Gardner.

“Under New York State law, parents who willfully fail to obey court orders of child support can be sentenced to up to six months for contempt of court,” Getman said.  “Furthermore, support violators who do not appear in court as ordered, can be subject to a warrant of arrest.”

The county attorney’s office represents the Department of Social Services and Probation Department in prosecuting child support cases brought in the family court by those agencies.  In addition, the office provides support collection services for eligible custodial parents seeking assistance in establishing and enforcing orders for child support.

The man’s name was not released to protect the privacy of his children and family.

Monday, August 6, 2018

New York Commission on Parental Legal Representation to Hold Public Hearings

The Commission on Parental Legal Representation was created earlier this year "to examine the current state of mandated Family Court representation and determine how best to ensure the future delivery of quality, cost-effective parental representation.”

The Commission will be holding public hearings this fall “to gather information on existing services and suggestions for reform needed to ensure quality representation for persons eligible for assigned counsel in family law matters." It is seeking testimony related to the following topics:

• Funding and Caseloads;
• Timely Access to Counsel;
• Structural Issues;
• Model and Scope of Representation;
• Financial Eligibility Criteria and Procedures;
• Statewide Oversight Role; and
• Global Issues.
The deadline for submission of written testimony and requests to testify at the Commission hearings is Thursday, August 16, 2018.
The hearing dates, times and locations are:

• September 13, 2018, 1:00 p.m. to 4:00 p.m., 50 East Avenue, Suite 200, Rochester;
• September 27, 2018, 10:00 a.m. to 1:00 p.m., 27 Madison Avenue, New York City;
• October 10, 2018, 9:30 a.m. to 12:30 p.m., Justice Bldg., State St., Room 511, Albany;
• October 23, 2018, 10:00 a.m. to 1:00 p.m., 100 Supreme Court Drive, Mineola.
For more on the hearings, including how to submit written testimony and requests to testify, click here.



Monday, May 21, 2018

New Version of N.Y. Family Court "Do it Yourself" Form Programs Launched

All New York State Family Court DIY (Do It Yourself) Form computer programs have been updated to improve the unrepresented litigant’s experience.

Program users no longer require Adobe Flash or Microsoft Word or Word Viewer to prepare their court papers. Instead the papers generated by the programs open in a PDF document. The computer program is also now available on mobile devices.

The DIY Forms FAQ page has been updated to reflect the changes to the program. According to the Court System, improved DIY Form Programs for Surrogate’s, Supreme, County, District, City, Civil, Housing and Justice Courts will be coming soon.

These forms cannot give you legal advice.  Litigants having questions about family court procedures should consult an attorney.  In certain cases, you may be eligible for assigned or low-cost counsel.

For more information about DIY Form Programs click here.

Monday, December 12, 2016

Upcoming Family Court Event: Transforming Child Welfare and Children's Lives.

On December 13, the Schuyler Center for Analysis and Advocacy Policy Forum will present Transforming Child Welfare and Children's Lives:Proven Strategies that Strengthen Families.

The event is billed as "a conversation about 'What Works' with individuals touched by child welfare systems."

Participants will include: Anni Keane and Rose Williams from You Gotta Believe - a NYC organization that seeks to find permanent homes for older children in the foster care system; Sheila J. Poole, the Acting Commissioner from the New York State Office of Children and Family Services; Linda S. Spears, Commissioner of the Massachusetts Department of Children and Families; Molly McGrath Tierney, the Director of the Baltimore City Department of Social Services; and Jeanette Vega from Rise - a parent support organization in NYC.

The event will run from 1:00 pm to 4:00 pm in the Dora Maxwell Auditorium, 700 Patroon Creek Blvd, Albany, NY 12206.

Tuesday, September 27, 2016

NY Court rules non-adoptive, non-biological parent can seek visitation/custody

In a decision handed down August 30, the New York State Court of Appeals ruled that when an unmarried couple who decide to conceive children together separate, a non-adoptive, non-biological parent has the right to seek visitation or custody.

The ruling reverses a 25-year-old precedent that had barred non-adoptive, non-biological parents from claiming parenting rights.

The decision focused on changing social and legal definitions of family and parenting.

The Court limited its ruling to instances where two parents together decided to conceive and raise a child.

The Court did not rule on whether non-biological, non-adoptive parents have parenting rights in situations where a couple did not choose to conceive a child, but did choose to raise the child after conception.

In addition, it was noted that that Family Court retains power to make custody and visitation decisions in individual cases based on its discretion.

Click here to read the decision.

Tuesday, September 13, 2016

New York law to encourage contact between siblings separated because of abuse and neglect cases.

New York State has enacted a law that confers standing to a child and others to petition the court to order visitation with siblings, including half-siblings, when a child is removed from the home pursuant to a Family Court Act article 10 (allegations of abuse or neglect) proceeding.

The law amends several sections in Family Court Act article 10 and Social Services Law 384-b. It addresses the statutory silence on the rights of siblings to have contact with one another if they are removed from the home and not placed together.

The law goes into effect Nov. 16, 2016. A copy of the law is available here.

Tuesday, June 21, 2016

New York's high court approves extended jail for willful failure to pay child support

Syracuse Post Standard:
People who deliberately refuse to pay court-ordered child support can go to jail for consecutive six-month sentences for repeat violations, New York's highest court ruled Tuesday...

The Court of Appeals, with six judges ruling unanimously, said Family Court can revisit jail sentences for willful violations that were previously suspended and order an offender jailed on all of them. Those sentences can run consecutively, extending the time an offender can be locked up....

Federal data show that unpaid child support has risen over the past 30 years from nearly $3 billion to more than $115 billion nationally

The complete decision can be found here.

Friday, June 3, 2016

New York Assembly passes bill requiring state pay full cost of lawyers for poor defendants

Syracuse.com:
New York would have to pay the $372 million a year that counties are now spending to provide lawyers to poor defendants accused of crimes under a bill unanimously approved Thursday by the state Assembly.

The bill now goes to the state Senate, where Sen. John DeFrancisco, the deputy majority leader, has said its passage is one of his top priorities this year.

Under the Assembly bill, the full cost of providing legal counsel to indigent defendants would gradually shift from the counties to the state over seven years, beginning in 2017. New York only partially reimburses counties for this cost now...

The bill would save counties huge amounts of money. Small counties like Cayuga County, in Central New York, are paying about $835,000 a year for indigent legal services. In Erie County, surrounding Buffalo, taxpayers are paying $11 million a year.

More here.