Thursday, November 1, 2007


My opinions [In red] before I give you the "news papers" version..

Custody battles and all those involved i.e. forensic evaluators, ACS, judges and so on...

"CLAIM" to be doing what is in the best interest of the child, when that is not the way it plays out more often than not, perhaps now you will see for yourselves what really happens behind closed court room doors.

However, IN THIS CASE- I PERSONALLY FEEL SHE IS GUILTY AS THEY COME- in reference to her involvement and this poor man's death being a result of this custody battle. IF I am wrong I will bow my head and apoligize. Till then, like the rest of you I'll sit and read, what the papers tell us.

Sadly custody battles can be detrimental to one's mental health, and some little birdie in the back of my mind is saying the publilc is about to get a glimpse of the how and why.


November 1, 2007 -- Child-welfare officials have filed an unusual petition of neglect against the estranged wife of a murdered Queens orthodontist to keep her from getting her daughter back - in part because of the bizarre circumstances surrounding his murder.

The surprising development surfaced as new details emerged about the warring pair's struggle over 4-year-old Michelle Malakov - including a physical tug-of-war, with each yanking the girl.

Family court therapist Jolie Rothschild testified at a hearing in Queens yesterday about the day that Dr. Mazoltuv Borukhova had to hand over Michelle after losing custody to her ex, Dr. Daniel Malakov.

"She was not supportive in the transfer of custody," said Rothschild, who was called to the stand by the Administration for Children's services.

The child was screaming, crying and clinging to her mother, she said.

At one point, the parents literally were engaged in a tug-of-war over Michelle.

"Dr. Malakov had the top of the body and Ms. Borukhova had the bottom," said Rothschild.

But once the girl got in her father's house, she calmed down while her father played piano and danced for her, said Rothschild.

Borukhova's alleged behavior during the prolonged court fight against her husband is also at issue in the preliminary neglect proceedings.

At one point, she lobbed sex-abuse charges against her husband, but they were never substantiated. [my note- Interesting how once again custody battles involve abuse allegations that are unfounded-maybe they should start punishing those that falsely accuse]

"Normally, the mother would be the next of kin [when the father dies]," said David Schnall, a lawyer appointed to represent the child during the custody hearings.

A resolute Borukhova attended the hearing and declared, "I want my child back.

Her lawyer, Florence Fass, maintains that her client is being unfairly targeted.

"We now have a child appearing to be placed with people publicly accusing the mother with murder without foundation. Speculation, yes. Foundation, no," said Fass.

Borukhova hoped to convince the judge to return Michelle to her care.

"But because of ACS intervention, the child was not immediately reunited with the mother."

"She's truly focused on her daughter right now," said Fass outside the courtroom. "She lost her husband and daughter in the last week."

Michelle has been temporarily placed with a paternal relative, Fass said.
[My note again- I'm impressed they allowed a relative to take the baby in]

The internist at North Shore University Hospital had full custody of her daughter until October.

That's when a family court judge gave Michelle to her father, because she was not following visitation orders, according to Malakov's lawyer.

The hearings continue today.

Police had questioned Borukhova after the brazen slaying on Sunday.

A killer with a crude, homemade silencer walked up to the esteemed orthodontist and pumped three bullets into his chest.

The grisly crime took place right in front of his daughter and estranged wife.

No arrests have been made.

Original Article -TOOTH AND NAIL

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