Preview:

C.F.B. v T.B. (2005 NY Slip Op 51412(U))
[*1]


Decided on May 24, 2005
Supreme Court, Erie County

Joan Warren, Esq. 1660 Kensington Avenue Buffalo, NY 14215 Attorney for Petitioners Roger T. Davison, Esq. Bouvier, O'Connor, LLP
C.F.B. v T.B. (2005 NY Slip Op 51412(U))
P.O. Box 98
East Aurora, NY 14052Attorney and Guardian ad litem for Respondent
Paul Vance, Esq.
1000 Olympic Towers
300 Pearl Street
Buffalo, NY 14202
Law Guardian
Erm. Peradotto, J.
Petitioners are the maternal grandparents of G.B. ("the child) who is now twelve years old. Petitioners seek sole custody of the child with a schedule of supervised visitation with the Respondent, who is the child's natural mother. Petitioners also seek an Order directing Respondent or the Social Security Administration to retain Petitioner, C.F.B., as the representative payee to collect the child's derivative Social Security benefits, and requiring Respondent to pay expert fees incurred during the action. Respondent opposes Petitioners' application. [*2]
Respondent initially appeared pro se. Because this Court was concerned that Respondent was unable to adequately represent herself given the allegations of mental illness, upon the Court's motion, a guardian ad litem was appointed to represent her pursuant to CPLR article 12. The Court also appointed a law guardian to represent the child. Extensive attempts to settle the case were unsuccessful.
An evidentiary hearing was conducted on December 9, 10 and 20, 2004. Upon the testimony and exhibits introduced at the hearing; Petitioners' Proposed Findings of Fact and Conclusions of Law submitted February 2, 2005, letter dated February 9, 2005, letter dated February 18, 2005 and Reply Affidavit dated February 18, 2005; Respondent's Memorandum dated February 9, 2005, letter dated February 14, 2005, Application for Counsel Fee Award dated February 14, 2005 and letter dated March 1, 2005; and the law guardian's Statement of Services dated February 4, 2005, and submission dated February 7, 2005; I find as detailed below.
Domestic Relations Law

Download 2005_51412.pdf

New York Law