Father Neglects Child By Abusing Mother
Matter of Ajay Sumert D. v Vijay Anand D.
2011 NY Slip Op 06264
Decided on August 16, 2011
Appellate Division, Second Department
After a hearing in a child protective proceeding, the family court found that father had neglected the child, and placed the child in the custody of mother.
The Second Department affirmed. The evidence showed that father hit mother with such force that she could not move her jaw up and down or chew. The attack happened in the presence of the parties’ two-and-a-half-year-old child, who began to cry. On another occasion while mother held the child, father punched mother in the stomach, cursed at her, and threatened to kill her. Thus, the evidence supported the conclusion that father neglected the child by abusing mother in the child’s presence, thereby risking the child’s physical, emotional, or mental health.