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Elliot S. Schlissel is a father’s rights attorney. He represents fathers in custody litigation, child support litigation, and issues involving visitation rights and parenting time. He and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.
Going through a divorce can be very stressful. This is true even when the divorce is settled out of court and not litigated. When the parties to the marriage have children, a parenting plan is often recommended to promote the children’s best interests. Parenting plans deal with issues concerning parenting time, child support, and where the children will live. Parents’ chief concern regarding their children should be their children’s stability and mental and physical health.
After a divorce is concluded, the parents must maintain a high level of communication with regard to their children. Issues such as the children’s schoolwork, their daily routines, their social and sports related schedules, as well as how they are doing in school and their behavior should be discussed between parents. Co-parenting involves parents working together for the health and well being of their children. The following are a variety of suggestions to help parents successfully develop post divorce co-parenting schemes:
Parents who strive to incorporate the aforementioned bullet points into their parenting plans will have a greater level of success in co-parenting their children. The primary beneficiaries of their success will be the health and general welfare of their children. In essence, parents simply need to put their love of their children over and above all other needs and conflicts between each other. 
Please click on the link below to watch today’s video blog:
Elliot S. Schlissel is a father’s rights attorney who was has been representing fathers for more than 45 years. Elliot and his staff of attorneys handle divorce cases, child custody and visitation, and all aspects of family law proceedings. He can be reached for consultation at 516-561-6645, 718-350-2802, 1-800-344-6431 or by email to schlissel.law@att.net.
Children’s Best InterestsA gender neutral standard is utilized by courts in New York State to determine custody based on what is in the children’s best interests. There are a number of factors which courts consider on the children’s best interest issue. Among those factors are the following:
Custody Litigation
If the issues concerning custody and parenting time cannot be resolved amicably, custody litigation ensues in both the Family Courts and the Supreme Courts in the State of New York. When these matters are litigated, each of the parents has the right to show how giving custody to him or her would be in the child’s best interests. The parent’s gender no longer is a consideration in determining who should receive custody of the child or children.
Children Need Both Parents
All children have one father and one mother. Custody litigation is not a winner take all situation. Even if one parent receives sole custody of the children, the other parent should be entitled to extensive parenting time with the children. The best way to handle custody issues is to try to resolve them out of court. Litigation itself may create levels of animosity which is detrimental to the children.
There was a time in the 1970s when it was almost a foregone conclusion mothers would receive custody of their children unless they were unfit. Custody today is determined without discrimination as to the gender of the individual asking for custody. Mothers are no longer first on the custody line! The theory that mothers, because of their biology, are a better parent is a debunked myth. Mothers no longer automatically receive custody. The “tender years doctrine” which held mothers should receive custody of young children because a mother had a greater ability to provide love and care for young children and were better suited to meet young children’s needs is no longer accepted in the courts of New York. The argument that mothers had some type of biological superiority to become the residential custodial parent of children is now considered to be only a myth.
Fathers play an extremely important role in raising their children today. Fathers who are the principal caretaker of their children are becoming more and more common in America. Changes in who will receive custody of their children have been impacted on by changing gender stereotypes. The courts giving equality to both sexes concerning the issue of who should be the child’s custodial parent. The development of father’s rights attorneys who effectively litigate on behalf of fathers seeking custody of their children have also impacted on helping fathers receive custody.
To watch today’s video blog, please click on the link below:
Elliot S. Schlissel is a father’s rights attorney. Elliot has been representing parents in child custody, CPS and ACS investigations and other family matters for more than 45 years. He and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net. The phones are monitored 24/7.
Please click on the link below to watch today’s video blog:
Elliot Schlissel is a father’s rights attorney. He has been representing fathers in child custody matters, visitation issues and all other aspects of Family Law for more than 45 years. He can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.
Grandparents: Custody or Visitation?There are different requirements or situations where grandparents will receive custody than those situations and requirements for grandparents to obtain visitation. The “best interests of the child” is the standard utilized in New York and all other states, in the United States, when determining whether a grandparent should be entitled to either visitation or to have custody of their grandchildren. The following are some of the factors utilized by courts in New York to determine whether it is appropriate to give grandparents either custody or visitation of their grandchildren:
A Best Interest Test
For grandparents to obtain visitation or custody in New York State, they must clearly show it is in the children’s best interests they receive either visitation or custody. In addition, if the grandparents are seeking custody in New York, they must show how this will affect the relationship, if one exists, between the children and their parents.
Conclusion
Grandparents’ rights are hotly contested issues in the courts of New York. If you are a grandparent and you seek custody or visitation of your grandchildren, the best way to ensure the greatest potential for success is to hire an experienced, dedicated grandparents’ rights lawyers.
Grandparents’ rights regarding custody and visitation arrangements are regulated on a state by state basis. There is a federal statute called the Parental Kidnapping Prevention Act of 1980 which impacts upon grandparents’ rights. This statute requires each and every state to give full faith and credit to child custody orders and decrees given by other states. In 1998, a federal law went into effect which required all 50 states to recognize and give legal enforcement to court orders from other states giving grandparents visitation rights with their grandchildren. The Uniform Child Custody Jurisdiction and Enforcement Act requires courts in the state where the child is located to enforce child custody orders from other states.
In the year 2000, the United States Supreme Court, in the case of Troxel v. Granville rendered a decision that a statute from Washington State giving grandparents visitation rights violated the due process rights of the biological parents to raise their children. Since this case was decided, there have been numerous state court decisions in New York as well as sister states and state laws trying to get around, modify, or soften the decision in Troxel v. Granville. New York State is one of the most liberal states in the country when it comes to giving grandparents visitation and/or custody of their grandchildren.
Elliot Schlissel has been litigating cases on behalf of grandparents for more than three decades. He is successful in helping grandparents obtain visitation with their grandchildren. In the appropriate situations, he has been successful in helping grandparents obtain custody of their grandchildren. He strongly believes that grandparents can play an invaluable role in the lives of their grandchildren.
Please click on the link below to watch today’s video blog:
Elliot S. Schlissel is a father’s rights attorney. He has been representing fathers in custody proceedings, visitation agreements, and all aspects of matrimonial law and family law. He can be reached for consultation at 516-561-6645, 718-350-2802, or by email to schlissel.law@att.net.
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