Daughter of Slain Man in Foster Care

A 4-year-old girl whose father was killed at a Queens playground last week was taken from her father’s relatives on Friday and placed in foster care, lawyers in the case said.

A lawyer for the girl’s mother, Dr. Mazoltuv Borukhova, said that the girl had accused her grandmother of hitting her, while the child’s legal advocate said that the grandmother had denied hitting the girl and that the basis for the removal was unclear.

The child, Michelle Malakov, had been in the custody of her father’s relatives since her father, Dr. Daniel Malakov, was shot to death last Sunday as he entered a playground in Forest Hills. The police have been investigating whether the shooting was linked to a custody battle between Dr. Malakov, an orthodontist, and Dr. Borukhova, a specialist in internal medicine.

Dr. Borukhova had had de facto custody of Michelle since leaving the family home with her in November 2003. But on Oct. 3, a State Supreme Court judge in Queens gave temporary custody to Dr. Malakov.

On Friday, during a visit with Michelle, Dr. Borukhova noticed that she was holding her left ear, said Florence M. Fass, Dr. Borukhova’s lawyer. Michelle said that her paternal grandmother, Malaka Malakov, had hit her, Ms. Fass said. Dr. Borukhova also noticed a bruise on the child’s left cheek, which the child also said had come from her grandmother’s striking her, Ms. Fass said.

Later in the day, Michelle was taken from the paternal grandparents and placed with a foster care agency, Ms. Fass said.

A spokeswoman for the city’s Administration for Children’s Services declined to comment on the case yesterday. The child’s removal was reported yesterday in The Daily News.

David Schnall, the court-appointed legal advocate for the child, said there was conflicting information about whether there was a bruise and whether the child had indeed said her grandmother had hit her. The grandmother, he said, told him she would never hurt the child.

A hearing is scheduled for tomorrow in Family Court in Queens.