Elliot S. Schlissel

The Bad Tactics Game Plan Utilized Against Fathers

September 25, 2014 By Elliot S. Schlissel

There are a number of improper, inappropriate vile tactics that are used to prevent a father from having a relationship with his children.

Sexual Abuse

The most damaging false allegation that can be made against a father is that he is sexually abusing his children. This false allegation, even if untrue, causes courts to take protective action regarding the children. Sometimes these allegations are the result of mandatory reporters such as teachers, doctors, or Child Protective Service workers overreacting and/or misinterpreting what is happening in a child’s life. Fathers who bathe their children, dress their children, or spend time hugging their children on a chair or in a bed can be subject to these inappropriate, nasty false allegations.

Domestic Violence

Corporal punishment is no longer considered an appropriate method of disciplining children in the United States. Fathers in Family Court proceedings and in divorce proceedings accused of utilizing corporal punishment to help guide their children can be kept away from their children by orders of protection brought on by proceedings from child protective services. In the five boroughs of the City of New York the Administration for Child Services (hereinafter referred to as “ACS”) investigates child abuse allegations. On Long Island and Westchester counties in the Metropolitan New York area, child abuse allegations are investigated by Child Protective Services (hereinafter referred to as “CPS”). When an order of protection is issued against a father it can prevent him from having any contact in person, on the phone, texting or emailing with his children. It can completely cut a father off from having contact with his children.

Relocation

Technically, the residential custodial parent needs either an agreement between the parties in writing So Ordered by a court, or a court order authorizing them to move away. However, if the mother relocates with the children and the father acquiesces and doesn’t take legal action within a relatively short period of time, the move can become the new normal. If the father lives in Queens and the mother moves to Florida it is going to be a lot harder for him to visit with his children.

Protecting Father’s Rights

Fathers who believe the mother is acting inappropriately with regard to their children and/or interfering with their relationship with the children need to take aggressive legal action. If you find yourself in a situation of this nature, you should contact an attorney familiar with father’s rights issues. Protecting your rights early on is the best way to help maintain your relationship with your children. father's rights advocate

Wife’s Request for Attorney’s Fees Reduced

September 23, 2014 By Elliot S. Schlissel

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Elliot S. Schlissel is a father’s rights lawyer. He can be reached at 1-800-344-6431 or by email at schlissel.law@att.net.

Filed Under: Fathers Rights Tagged With: attorneys fees in divorce, Divorce, New York fathers rights attorneys

Rights of the Stay at Home Father

September 19, 2014 By Elliot S. Schlissel

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Elliot S. Schlissel is a father’s rights advocate. He can be reached at 1-800-344-6431 or by email at schlissel.law@att.net

Filed Under: Fathers Rights Tagged With: child support, Equitable distribution, New York fathers rights attorneys, spousal maintenance, Stay at home father

Custody Litigation

September 17, 2014 By Elliot S. Schlissel

In custody litigation the court must determine which parent would be better at taking care of the best interests of the child or children. Best interests of the child or children involves which parent can provide a life situation where the child will thrive and grow emotionally, intellectually, spiritually and physically. The large majority of custody issues are resolved out of court in custody agreements between the parties. However a small number of custody matters require a judge to make a decision as to which parent would be better suited to being the residential custodial parent of the child.

Preparing for Custody Litigation

Each litigant in a custody case will seek to prove it is in the child’s best interest for the child to reside with them. In order to accomplish this goal, a litigant in a custody case should obtain documentation supporting his or her claims. This documentation should show the involvement of that parent in the child’s medical needs, school, work, after school activities, family and social events, and other issues which would lead a judge to believe that parent was the primary, caring individual involved with raising the child and promoting the child’s best interests. A parent seeking custody should show his or her residence provides appropriate accommodations for the child, is within a reasonable distance of the child’s school, and the living environment the child would be exposed to is conducive to raising a child. Photographs of the place the child will live, his room, the accommodations of the home should be available to present to the court.

Who The Child Seeks to Live With

In the State of New York, in custody battles, an attorney is appointed to represent the child. The attorney for the child is supposed to meet with the child and take into consideration the child’s desires as to who he or she would seek to live with. It is this author’s opinion the child’s position as to who should be the residential custodial parent should only be considered with mature children. Unfortunately, this is not the law in New York. I have had numerous cases where attorneys for a child have come into court and advised the court who the 4 or 5 year old they interviewed would seek to live with. 4, 5, 6, 7 and 8 year olds often change their minds. Sometimes 3 or 4 times during a 15 minute span.

Support System

Parents seeking custody of a child should be able to make a presentation to the court who will be taking care of the child, supervising the child, and meeting the child’s needs 7 days a week. If the parent works, he or she must present to the court a support system which would nurture the child, protect the child, and properly supervise the child when that parent is unavailable due to employment or other reasons.

The More Available Parent

Some parents have employment situations which are more flexible than others. The parent with the more flexible position can make a presentation to the judge that he or she would be available to be there for the child during school programs, after school activities, and help with homework. Judges do take a parent’s availability to nurture a child into consideration when custody issues are presented to them.

Elliot Schlissel is a father’s rights lawyer practicing law within the Metropolitan New York area for more than 35 years.

Filed Under: Fathers Rights Tagged With: Best Interest of the Children, custodial parent non-custodial parent, Custody and Visitation, Custody Modification, New York Child Custody Attorneys, residential custodial parent

Guardianship of Child Granted to Father

September 15, 2014 By Elliot S. Schlissel

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Elliot S. Schlissel is a father’s rights attorney. He can be reached at 1-800-344-6431 or by email at schlissel.law@att.net

Filed Under: Fathers Rights Tagged With: Best Interest of the Children, Custody Modification, fathers rights advocates, Guardianship of child, New York Child Custody Attorneys, relocation

Father Challenges Child Support Arrangement

September 12, 2014 By Elliot S. Schlissel

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Elliot S. Schlissel, Esq. is a father’s rights attorney. He can be reached at 1-800-344-6431 or by email at schlissel.law@att.net.

Filed Under: Fathers Rights Tagged With: child support, child support modification, custodial parent non-custodial parent, fathers rights advocates, Fathers' Rights

Custody Change from Mother to Father: Court States This Was The Best Interest of the Child

September 10, 2014 By Elliot S. Schlissel

Supreme Court Justice John Colangelo sitting in Westchester County recently changed custody from a mother to a father. A post judgment divorce action was initiated involving a 9 year old child.

History of the Case

The mother and father were divorced in 2009. In 2010, the mother had brought a Family Court proceeding for the purpose of modifying the parenting schedule which was initially set forth in the 2009 Family Court Order. The court at that time found the facts required a change in custody. The court found it was in the child’s best interest custody be changed from the mother to the father. The father was thereafter given full legal custody and final decision making. He was also designated as the primary custodial parent. The court found the mother was incapable of promoting a meaningful relationship between the child and his father.

The Actions of the Mother

While the mother had physical custody of the child she did everything in her power to prevent the father from having a relationship with his son. She tried to totally separate the two. The court found her responsibility was to encourage a healthy relationship between the father and son and she did the opposite. The court therefore changed custody.

father's rights on Long Island

Filed Under: Fathers Rights Tagged With: Best Interest of the Children, custodial parent non-custodial parent, Custody and Visitation, Custody Modification, fathers rights advocates, New York fathers rights attorneys

Father Awarded Custody by Court

September 8, 2014 By Elliot S. Schlissel

Elliot S. Schlissel is a father’s rights attorney. He can be reached at 1-800-344-6431, or by email to schlissel.law@att.net

Filed Under: Fathers Rights Tagged With: Custody and Visitation, Custody Modification, Divorce, fathers rights advocates, relocation

Father Given Sole Custody Due To Mother’s Interference With His Visitation Rights

September 5, 2014 By Elliot S. Schlissel

The Appellate Division of the Third Department, an appeals court in Upstate New York, recently rendered a decision affirming changing custody from the mother to the father based on the mother’s interference with the father’s rights to visit with the parties’ child.

The parties had initially entered into an agreement whereby the mother was given an award of sole custody. In addition, she was given a one year stay away order of protection against the father.

Father Files Petitions

The father filed a violation petition and custody petition in the Family Court. He alleged the mother had been continually interfering with his parenting time with the parties’ child. There were hearings in the Family Court. The Family Court judge found the mother had not complied with the visitation provisions in the court’s custody orders. The Family Court ordered the custody changed from the mother to the father. The father was given sole custody of the parties’ child. The mother filed an appeal.

The Decision on Appeal

The Appeals Court unanimously affirmed the changing of the custody of the child from the mother to the father. The Appeals Court found the mother had frequently violated the terms and her obligations under the prior court orders requiring her to cooperate with regard to promoting the relationship between the father and child and by refusing to give him his parenting time with the child. Instead of complying with the court orders for long periods of time, the mother simply refused to give the father visitation with the child. The mother intentionally violated court orders on a regular basis.

The Appeals panel took into consideration the fact the mother’s fitness to care for the child had deteriorated. In the end, the appeals court found it was in the child’s best interest to give the father sole custody. custody assistance for father's on Long Island