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Elliot S. Schlissel is a father’s rights attorney. His office can be reached at 516-561-6645, 718-350-2802, or by email to schlissel.law@att.net.
Father Granted Sole Custody of Child
October 28, 2014 By
In a case before Judge Lillian Wan in the Family Court located in Kings County, both a father and mother brought petitions for sole custody of their child. An attorney for the child was appointed. The attorney for the child recommended the mother receive sole legal and physical custody of the child pursuant to the request of the child.
Neglect Finding
The court took into consideration that a neglect finding had been issued without admissions against the father for excessive corporal punishment. In addition there was an abuse finding against the mother based on her acknowledgment she intentionally burned the child’s buttocks. As a result of these findings the child was removed from the home.
Boy Released to Father’s Custody
The child in question, a young boy, was released to the custody of his father in March 2012. The boy has been in his father’s custody with supervised visitation granted for the mother since that time. Judge Lillian Wan found while there was a finding of neglect against the father, the finding against the mother concerning burning the child’s buttocks was a much more serious finding. Judge Wan took into consideration the boy had been living with the father since 2012 and there had been a dramatic improvement in the behavior of the father since that time. However, the court found the mother had not proven herself to be a stable, fit parent or shown remorse in therapy for burning the child.
Judge Wan reached the decision it was in the child’s best interest to give sole legal and physical custody to the father and give the mother unsupervised visits during the course of the day with the child. The mother was not given overnight visitation with the child.
Father Overpays Child Support and Receives a Credit
October 27, 2014 By
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Elliot S. Schlissel is a father’s rights attorney. He can be reached at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.
Rights for Stay at Home Husbands
October 25, 2014 By
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Elliot S. Schlissel is a father’s rights attorney. He can be reached by telephone at 516-561-6645, 718-350-2802, or by email to schlissel.law@att.net.
Custody Issues Cause Flight To China To Return To Dulles Airport in Washington D.C.
October 23, 2014 By
United Airlines Flight 897 took off from Dulles Airport at 2:20 PM Eastern Standard Time. During the course of the flight the airline was contacted by federal law enforcement officers. The FBI advised United Airlines a mother on the flight was improperly taking her child back to China. Upon the flight returning, the mother was arrested on suspicion of committing an international custody kidnapping. The child was returned to the father’s custody.
The Custody Story
In 2013, a father started a divorce proceeding against a mother. Joint custody was awarded of their 4 year old son. Their son had been born in China and had dual United States and Chinese citizenship. The custody agreement entered into in 2014 specifically prevented either parent from traveling outside the United States without “express written and notarized consent of the other party, provided in advance of the trip.” The mother in this case admitted she was removing the son from the United States without the father’s consent in violation of this express agreement.
International Custody Kidnapping
It is a crime to take or attempt to take a child out of the United States and keep him or her out of the country to prevent another parent from having custody of the child. The problem is, although a parent can be prosecuted for this, in many situations it is very difficult to have the child returned back to the United States. Each and every year, there are approximately 2,000 children who are missing related to international parental kidnaping situations in the United States.
The Law Offices of Schlissel DeCorpo is experienced in representing clients in international custody kidnapping cases.
Does the Present Income Rule Apply to Spousal Maintenance?
October 19, 2014 By
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Elliot S. Schlissel is a father’s rights attorney. He can be reached at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.
Alimony for Men
October 16, 2014 By
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Elliot S. Schlissel is a father’s rights lawyer. He can be reached at 516-561-6645, 718-350-2802, or by email to schlissel.law@att.net.
Court Terminates Father’s Child Support Obligations
October 15, 2014 By
In a case before Support Magistrate Elizabeth Bloom, sitting in the Family Court of Nassau County, a father brought a petition to terminate his child support obligations. In his petition, the father plead that his two daughters had been constructively emancipated from him and as a result he sought to end all of his child support obligations. He had not seen either of his two daughters since 2007. The father claimed the mother had defamed him in front of his twin daughters. She had told them he had engaged in extramarital relationships with other women. This information caused the girls to be alienated from him.
Mother Claimed Daughters Didn’t Want to See Their Father
The mother contended the father had not contacted his twin daughters since 2009. She took the position it was solely the children who did not want to have contact with him. She claimed she did not create the situation.
Support Magistrate Bloom in her decision stated pursuant to the doctrine of constructive emancipation a child who is of employable age can be constructively emancipated from the father. She found the father’s testimony to be truthful. She also took into consideration the evidence showed the mother had exhibited hatred towards the father. In her decision, Support Magistrate Bloom found the children were supporting the mother’s position against the father. She found the father’s conduct did not amount to a reasonable basis for the children to refuse to have contact with the father.
Constructive Emancipation
Support Magistrate Bloom ruled the children had constructively emancipated themselves from their father. They had taken this action without just cause or reason. They had refused to have any contact with him or allow him visitation. The father’s petition to have his child support obligations terminated was granted.
Wife Awarded Temporary Attorney’s Fees
October 14, 2014 By
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Elliot Schlissel is a father’s rights attorney. He can be reached by telephone at 516-561-6645 or 718-350-2802. He can also be contacted by email to schlissel.law@att.net.
