Mara, In re

• Decision Date: 27 March 1956
• Citation: 3 Misc.2d 174,150 N.Y.S.2d 524
• Parties: In the Matter of Charles MARA, Josephine Rena, Gloria Rena children 13, 10 and 6 years of age. *
• Court: New York Domestic Relations Court

Page 524

150 N.Y.S.2d 524

3 Misc.2d 174

In the Matter of Charles MARA, Josephine Rena, Gloria Rena children 13, 10 and 6 years of age. ^*

Domestic Relations Court of New York, Children's Court Division, Queens County.

March 27, 1956.

Stanley Kligfeld, New York City, for petitioner.

Edward J. Bazarian, New York City, for respondent.

FOGARTY, Justice.

Proceeding by petitioner as Stepfather of child No. 1 and Father of children Nos. 2 and 3 named in the petition against Respondent mother of the three children, alleging neglect. After hearing all the evidence and examining the children, and reading the Psychiatric reports of examinations of both petitioner and respondent, and observing the demeanor of the parties and witnesses who have appeared before me in this proceeding, I find, pursuant to the jurisdictional powers granted in Domestic Relations Court Act, § 61, subd. 1(d) that the children are neglected children within the definition contained in Domestic Relations Court Act, § 2, subd. 17(a) and (i).

It is my decision at the present time not to disturb the custody situation as it exists, but pursuant to Domestic Relations Court Act, § 83(b) the children are subject henceforth to the supervision of the probation officer and to further orders of the court, subject to any determination of custody the Supreme Court may make in proceedings between petitioner and respondent pending before it.

From September 1954 when the respondent commenced working, the children have been left alone, unsupervised, from time to time. This was particularly true for the period following May 1955 when the maternal grandmother returned to Argentina. Both petitioner and respondent were working and absent from the home, he all day to 8 or 9 P.M. at night, and she from 1 to 11 P.M. at least. For a disputed period approximating two months, a couple apparently cared for the children. Then again they were left alone. In November 1955 respondent left the home, taking the three children with her. The children were moved about for a month and then on December 22, 1955 respondent regained possession of the home and petitioner left.

The record contains evidence of female homosexuality between friends of respondent with whom she became acquainted at work. One of these friends moved into the home with respondent and the children in December 1955; respondent states she was there in the capacity of a 'boarder', and that she contributed $12.50 per week rent and thereafter on her own initiative raised her own rent to $15 per week which she paid to respondent.

The maternal grandmother has again reappeared on the scene to...