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NY Appellate Court Decides if Parent Exercised Impaired Judgment


The respondent for the case is Ivelisse T. This case concerns the alleged abuse and neglect of two children under the age of eighteen, Rosaly S. Marcos S, and Wesley R. The case is being heard in the Kings County Family Court. Daniel Fraidstern, Esq., is the Special Assistant Corporation Counsel for the Administration of Children’s Services. The attorney for the respondent mother is Michael S. Somma Jr. The Attorney for the children is Fred Allen Wertheimer.

Case Background

The respondent in the case is the mother of Wesley R., Marcos S., and Rosaly S. Before this case the children all lived in Brooklyn with the respondent and Christian A., her husband.

Wesley R. was born and resided in the Dominic Republic with his paternal grandmother and aunt when his mother moved to the United States of America when Wesley was just a year old. He later moved to the states and went to live with the respondent when he was 12.

A New York Personal Injury Lawyer said after the petition was recorded, Wesley has been in the care of Mercy First. Wesley’s father still lives in the Dominican Republic. His two half siblings, Rosaly and Marcos, have been released temporarily to live with their father and his spouse in New Jersey.

Case Proceedings

The case begins in early 2008 when abuse petitions were filed against the respondent. The petitions state that the respondent allowed Wesley to sleep with her in bed, kiss her, put his finger in both her vagina and anus, and have intercourse with her. The mother states that she did not prevent this from happening because she wanted to see how far he would go and could not believe that he was doing this to her.

When the petitions were recorded the NYCCS was granted approval to remove all three of the children from the home. Wesley was placed for evaluation in a diagnostic residential center.

The respondent requested that Rosaly and Marcos be returned. After several dates in court, Rosaly and Marcos were temporarily released to the respondent with the stipulation that she cooperates with a mental health evaluation, parenting skills classes, and individual counseling. She was also under supervision from the NYCCS.

Wesley was placed in a residential treatment center based on the recommendations from the Mercy First Treatment team. A Queens Personal Injury Lawyer said the respondent has had no contact with Wesley since filing the petition. Wesley does not wish to have any type of contact with the respondent. He has also had no contact with his step father or half siblings. He has contacted his aunt and uncle who live in Florida and have visited him several times in New York.

Case Arguments

The NYCCS and Wesley’s Attorney are seeking a sexual abuse charge against the mother. The NYCCS is also seeking a charge of derivative abuse of Rosaly and Marcos. They state that the respondent’s actions with Wesley show impaired judgment as a parent.

The respondent seeks a dismissal of the petitions stating that she was raped by her son. She states she did not resist because she was in shock.

Court Orders

According to a Suffolk County Personal Injury Lawyer, after reviewing the case the court found the respondent guilty of sexual abuse against her son Wesley. The court also charges the respondent with derivative abuse against Marcos and Rosaly.

Legal battles where children are involved can be very intense and for this reason it is important to have a quality lawyer on your side. If you are in need of legal advice, whether it is for medical malpractice, a construction accident or a dog bite, contact Stephen Bilkis & Associates to set up a free consultation to discuss your case. We have offices located throughout the city of New York for your convenience.

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