Court Orders Change in Custody Due To Mother Interfering With Father’s Visitation

August 22, 2014 By

custody and visitation attorney on Long IslandThere was litigation in the Family Court between a father and a mother. The father alleged the mother had acted in an obstreperous manner, had interfered with his visitation with the parties’ children in violation of court orders and had created a situation which made it extremely difficult for the father to have visitation. The father claimed the mother’s disruptive, antagonistic behavior was not in the children’s best interest and was having a negative impact on the parties’ child.

A trial was held in the Family Court. The mother had declined to have an attorney and had represented herself during these proceedings. At the end of the Family Court trial, the Family Court Judge found there had been a change in circumstances to the extent a change in custody was warranted due to mother’s interference with father’s visitation rights. The mother appealed this proceeding.

Appellate Court Decision

The Appellate Division for the Third Department (an appeals court) upheld the Family Court’s order finding the mother in contempt and changing custody to the father. The Appeals Court found the mother had violated a prior court order with regard to the father’s visitation rights. The court also found the transfer of sole custody of the child to the father was indicated in the circumstances due to the mother’s contentious behavior. The Court found the mother was aware of the terms of the Family Court order giving the father visitation and she intentionally refused to comply with this court order.

The mother had argued she was denied her right to counsel due to the fact she represented herself. However, the appellate court found she was given the opportunity to retain an attorney and declined to do so. The court also found the mother had engaged in obstructionist behavior during the course of the Family Court trial and her responses to questions were evasive.

The appellate court affirmed the decision of the Family Court giving the father sole custody.

Conclusion

This is a major victory for father’s rights! A mother’s obligations when she is the residential custodial parent is to promote a loving, warm relationship between the children and the father. Interference with a father’s visitation rights is appropriate grounds to change custody from the mother to the father.father's rights advocate and custody modification attorney

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Grandparents and Obtaining Visitation With Grandchildren

August 19, 2014 By

Most grandparents seek to have warm, loving relationships with their grandchildren. However, sometimes the parents themselves don’t get along. In other situations, one or both of the parents have a falling out with the grandparents and punish them by preventing the grandchildren from seeing them.

Filing A Lawsuit to Compel Grandparents’ Visitation

In the year 2000, the United States Supreme Court, in a case called Troxel v. Granville, dealt with a case involving grandparents’ rights in the State of Washington. The grandparents brought suit for visitation with their grandchildren. In this case the United States Supreme Court held that parents “[have a] fundamental right to make decisions concerning the care, custody, and control of their children.” This has been interpreted as to whether a grandparent will be able to see his grandchildren is solely up to the parents.

New York Law On Grandparents’ Visitation

New York is in the forefront of states in the country with regard to granting grandparents visitation rights. The first step is for the grandparents to bring a grandparents’ visitation rights proceeding in the Family Court in the county in which the child or children are located. The grandparents can allege various arguments to establish it would be in the child or children’s best interests that the grandparents receive visitation with them. Some of the arguments which can be made by grandparents concerning this issue are as follows:

  • The grandparents have previously acted in a capacity as custodial parents for the grandchildren.
  • The grandparents have had a long and loving relationship with the grandchildren over a significant period of time. Depriving them from interacting with their grandparents will have a negative impact on the grandchildren.
  • One or both of the parents of the child or children are lacking in the basic ability to deal with issues of the grandchildren. The grandparents have the capacity to deal with these issues.
  • In some cases, grandparents can even show it will be harmful to the grandchildren to deprive them of maintaining the existing relationship with their grandparents.

Grandparents’ Rights in Divorces

When the parents of children get divorced, it is possible to include in the settlement agreement statements giving access to the children to the grandparents. Grandparents’ visitation rights therefore can be specifically built into separation agreements or settlement agreements in divorce proceedings.

Conclusion

Grandparents are unique and they don’t live forever. The relationship between grandparents and their grandchildren can have a significant affirmative impact on their grandchildren’s lives. The love and devotion grandparents have for their grandchildren, coupled with their sense of worldliness, is not something to be underestimated. Courts should be extremely reasonable in granting grandparents access to their grandchildren.grandparents' rights advocate in Metropolitan New York

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Obtaining Custody for Children Born to Unmarried Fathers

August 14, 2014 By

father's rights lawyer in New YorkPaternity Proceeding

In the State of New York, a father can sign an acknowledgment of paternity at the time a child is born. The acknowledgment of paternity specifically states that I am the father of this child. If an acknowledgment of paternity isn’t executed by the father at the time of the child’s birth, the first step in obtaining visitation rights or custody is to file a paternity proceeding.

The Paternity Proceeding

The paternity proceeding is fast and simple if the mother simply says, yes he is the father. However, if the mother disputes the fact he is the father or there is a question in her mind as to who the father is, the court in New York will order DNA testing to ascertain whether this man is actually the father of the child.

Custody Petitions and Visitation Petitions

Once paternity is established, the next step is to file an application for custody or in the alternative for visitation with the child. These petitions are filed in the Family Court in the county where the child is located. This petition can ask for sole custody, joint custody, or just simply for visitation. After the petition is filed, the court will make arrangements to serve the child’s mother. The two of you will then have to appear in court on the return date of the petition.

Establishing That You Are The Superior Custodial Parent

If you seek custody of your child, you must show it is in the child’s best interest you be named the residential custodial parent. In addition, you can show why the mother should not have custody of her child. Issues the mother has with drug abuse, child abuse, child neglect, prior history of drug abuse, criminal records, and associating with inappropriate and/or violent individuals can be the basis for your asking for custody of your child.

Visitation With Your Child

If you simply seek visitation with your child, and you have no negative history which would prevent you from having visitation rights, the usual visitation regimen given by the Family Courts in New York is every other holiday, every other weekend, and one dinner during the week. Also, fathers are given access to the child on Father’s Day and the child’s birthday. In addition, the child should be entitled to telephone and Skype contact with the father on a regular basis.

Conclusion

Children have two parents. They should have relationships with both parents. This helps them grow up to be well meaning, well balanced adults.father's rights advocate on Long Island

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False Allegations of Child Abuse

August 12, 2014 By

father's rights advocateA disgusting tactic sometimes used against men when the children’s mother perceives there will be a custody dispute is to file false allegations of child abuse and/or domestic violence against the other parent. Courts tend to take these allegations seriously. In my experience, false allegations of both domestic violence and child abuse are made by both men and women. However, they are used much more often by women and courts take allegations of domestic abuse against women more seriously. This turns out to be a tactic with very little downside risk. The reason for this is courts do not usually punish individuals who make false allegations of domestic violence and child abuse.

Child Protective Service investigators and the police tend to believe the accuser. They often ignore the credible explanations made by the individual who is accused of either domestic violence or child abuse.

Control

The tactic of making false allegations of either domestic violence or child abuse has to do with controlling the family situation. In many cases, the false allegations of abuse are part of a program of Parental Alienation Syndrome (hereinafter referred to as “PAS”). The individuals making the false allegations of child abuse are not taking into consideration the long term impact this will have on their children. They are doing this for inappropriate, selfish reasons.

When a mother makes false allegations of child abuse, the father is usually thrown out of the house. This gives the mother exclusive occupancy of the home, control of the home’s assets, and control of the children. The man is put out on the street with just the clothes on his back. He needs to get a court order just to get back in the house and get the rest of his clothing.

Keeping Children From Their Father

After allegations of child abuse are made and a temporary order of protection is issued by a court, it can take weeks and sometimes months until the father has contact with his children again. Children who have not had contact with one of their parents for a considerable period of time sometimes become tentative and shy. If the allegations of child abuse are accompanied by the mother filling the children’s heads with false stories of abuse and neglect, the children can become fearful of their father.

My Way

In the end, the parent making the false allegations of child abuse is saying to the other parent, everything will be done my way. If you don’t do what I say, the way I tell you to do it, you are never going to see your children. Who suffers in the end? Both the loving parent kept away from his children and the children. PAS is a terrible syndrome and it can take long term therapy to deal with this problem if it is not nipped in the bud.helping father's with legal issues to see their children

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Parental Alienation Syndrome: What Is It?

August 8, 2014 By

Parental alienation syndrome, which is often referred to as “PAS”, involves a type of behavior of one parent which is designed to disrupt the relationship between a child or children and the other parent. The deprivation of children of a loving relationship with one parent by the other parent can cause the children to experience psychological distress, and the destruction of the relationship with the other parent. When one parent alienates children from the other, this is a type of child abuse.

PAS And How It Is Accomplished

The usual first steps of one parent alienating children from another involve the interference with the non-custodial parent’s rights to have visitation and personal contact with the children. The residential custodial parent is technically obligated to foster the relationship with the children and the other parent. However, in PAS situations, instead of working with the other parent to build a harmonious, loving relationship with the children, one parent interferes with the parenting time and communication of the other parent with the children.

Inappropriate Comments

Negative statements made by the residential custodial parent such as the other parent has abandoned us, has cut us off from money, is a bad person, and similar statements confuses the children and has a negative impact on the children’s respect for the other parent. These actions by the residential parent have a subliminal effect in casting the other parent as a bad, evil, inappropriate person. Even when the children want to maintain a relationship with the other parent, the conflict created by the custodial parent between the custodial parent’s representations concerning the other parent and the children’s love and affection for the other parent creates a conflict that children have difficulty dealing with. What the residential parent is actually doing to the children is conveying his or her negative feelings, dislike and hatred of the other parent to the children and convincing the children to adopt those negative feelings.

Repetition

When the custodial parent continually repeats negative statements, and/or negative incidents to the children concerning the other parent, these statements, even if untrue, end up being accepted as factual by the children. The children replace his or her warm, loving experiences with the other parent with false experiences which destroy the relationship with the other parent.

Conclusion

PAS damages children. Parents who hate each other should not confuse their children or subject their children into being brainwashed into believing they hate the other parent too. Children should love and respect both of their parents.father's rights advocate on long island

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Judge Reduces Wife’s Equitable Distribution Due to Bad Behavior

August 4, 2014 By

father's rights lawyer on long islandThis is a story about an acrimonious divorce between two lawyers, Ira Schacter and Janice Schacter. Ira was a partner at Cadwalader, Wickersham & Taft, a prestigious Manhattan law firm. Janice had gone to law school and worked as an associate at a law firm that handled personal injury cases. She had stopped practicing law after her daughter was born.

The Case

The case was presented before Manhattan Supreme Court Judge, Laura Drager. In discussing the case, she referred to it as “one of the most contentious litigations this court has ever presided over.” Judge Drager took into consideration Janice’s bad behavior and awarded her only 17% of Mr. Schacter’s valuable partnership at the Cadwalader law firm. Judge Drager stated in her decision “in essence the wife chose to bite the hand that fed her. Although the court recognizes that the wife feels she was badly treated by the husband, her repeated attacks against him have played a part in a diminishing of his income.”

The attorneys for Mr. Schacter argued his wife’s conduct during the course of the divorce “has so interfered with his ability to retain clients that she actively caused the value of his partnership interest to decline.”

ACS Claims

During the course of their litigation, Ira was the subject of seven separate investigations by the Administration for Children’s Services. ACS investigators visited his home more than 100 times. Each time they investigated him, they found the allegations made by his wife against him were unfounded.

Judge Drager found Janice had been involved in a number of instances creating negative publicity for her husband. She had regularly posted negative information with regard to her husband on websites.

Although Judge Drager only gave the wife 17% of the value of Mr. Schacter’s partnership, the Judge valued the partnership at $4,170,000. Therefore Ms. Schacter’s 17% share was $855,000. In addition, Mr. Schacter paid his wife’s attorneys’ approximately $460,000 and paid $70,000 in the wife’s expert fees. Mrs. Schacter also received a share of the parties’ $4.1 million house located in the Hamptons, a portion of the $4.4 million townhouse in the city, and equitable distribution of Mr. Schacter’s retirement accounts, cars, and other assets.

Conclusion

The judge’s comments about Mrs. Schacter who bit the hand that fed her says it all!divorce attorney for fathers

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The Trial of a Custody Case – Part II

August 1, 2014 By

father's rights lawyerTemporary Custody

Sometimes, in divorce cases and Family Court custody proceedings, applications are made for temporary custody orders. These temporary custody orders give one parent or the other custody during the pendency of the case. Unfortunately the wheels of justice tend to turn slowly and the custody cases can sometimes languish in courts for years. A parent who receives temporary custody during this period would have a step up on the other parent in obtaining permanent custody. Therefore all temporary custody orders should be taken very seriously.

A temporary custody hearing is a mini trial within the trial. Preparation for this mini trial on custody should be handled in the same manner as the trial for permanent custody.

Settling the Custody Case

In most situations a settlement is the best route to take in a custody dispute. Joint custody can be worked out where one parent is the residential custodial parent and the other parent is the non-residential custodial parent. The non-residential custodial parent can have extensive visitation with the children to satisfy that parent’s needs to maintain a close relationship with the children. In the large majority of custody disputes this is the best route to resolve this issue. It eliminates the children getting too involved in the custody proceeding and the aggravation and stress of going through the trial.

Conclusion

Although custody cases can be aggravating and traumatic for the parents, it is even more traumatic and difficult for the children involved. Care should be taken that the trial and/or negotiations in the custody case are done out of sight and hearing of the children. The children should be insulated from custody litigation, issues in Family Court, and divorces. Children are designed by God to love both their parents. Frustrating or alienating the children from one parent to another is the worst possible outcome. Children are better off with two loving parents to guide them through life situations.custody litigation assistance for fathers

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The Trial of a Custody Case – Part I

July 29, 2014 By

father's rights lawyers on Long IslandWinning Custody Trials

Custody disputes are personal. They involve children. Your children. They can be expensive, aggravating, and frustrating. They are not as simple as who is the better parent.

Parents Can Be Imperfect

No parent always does the right thing in every situation. Even the best most dedicated parents have flaws, faults and issues that can be brought up to a court. Attorneys preparing for custody litigation must deal with parents’ strengths and their weaknesses.

Arguments That It Is In The Children’s Best Interests That You Receive Custody

Your custody case should have a theme based on the theory the children’s best interests are better served with you receiving custody of them. This theme must be developed to deal with specific facts involving you and your children. This must also be developed to show giving the other parent custody would not be in the children’s best interests.

Why A Parent Seeks to Have Custody

There are many reasons why parents want custody of their children. Your attorney should discuss with you your real motives for having custody of your children. Be advised, avoiding paying child support is not an appropriate reason for wanting custody of your children.

Client’s Conduct in Custody Lawsuits

If you are involved in litigating a custody case, you must assume the other parent is trying to find “dirt” on you. You should be careful as to what you say and what you do. You should avoid writing things down on paper. Don’t be surprised if the other parent is trying to intercept your phone calls, read your emails, and speak to your friends, relatives, paramours, and neighbors about information to be utilized in the custody trial against you.

Evidence in Custody Trials

Custody matters are brought in front of judges. There are no juries in custody cases. There are generally two types of evidence submitted at custody proceedings. Documentary evidence which involve documents of a certain type and nature that can be presented into evidence and live testimony of witnesses. It is often necessary to have a live witness testify to get documentary, written, evidence into the record. The rules regarding the presentation of evidence are quite complicated. This is a matter you should discuss in detail with your attorney prior to the trial as to which documents will be presented and how those documents will be presented into evidence.

Witnesses must present facts. These facts should be about the child’s life and how one parent or the other has had an affirmative or negative impact on the child’s life.custody litigation attorneys

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Halle Berry Paying $16,000 Per Month For Child Support Payments

July 24, 2014 By

father's rights attorneys and advocatesHalle Berry has been involved in a long, drawn out litigation involving child custody and child support. She was recently ordered to pay $16,000 in child support payments to Gabriel Aubrey with regard to supporting the parties’ six year old daughter, Nahla. This child support has to be paid by her each month until Nahla is 19 years old or graduates high school, whichever event should occur first. In addition, Halle Berry was ordered to pay $300,000 in legal fees to Gabriel Aubrey and $115,000 in retroactive child support payments. It is reported these sums are pursuant to a settlement of a case involving Ms. Berry and Mr. Aubrey which had been pending in Los Angeles Superior Court.

History Between the Parties

Halle met Gabriel in 2005. Halle Berry is an Academy Award winning actress and Gabriel Aubrey is a Canadian model.

Relocating to France

At one point during their legal battles, Halle Berry brought a proceeding to relocate her daughter to France. She was unsuccessful in this proceeding. At the present time, both Berry and Aubrey have joint custody of the parties’ six year old daughter. However, Aubrey is the residential custodial parent.

Last year, Ms. Berry gave birth to another child with her current husband, Oliver Martinez.

father's rights lawyer on long islandElliot Schlissel is a father’s rights attorney. He represents fathers in custody litigation, child support litigation, and issues involving visitation rights and parenting time.

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The CPS or ACS Investigation

July 21, 2014 By

father's rights attorney and advocateThe purpose of a CPS or ACS investigator coming to your house is to get information showing your children have been abused or neglected. They are not coming to your house to prove you didn’t abuse or neglect your children. Do not be fooled into thinking they are there just to clear the record with regard to the allegations. They are there to get evidence your children were abused or neglected. They are not there to clear you. Even if they don’t find evidence of child abuse or child neglect, they may be repeatedly coming back to your house to investigate you further.

Entry Into Your House

It is strongly suggested you do not allow the CPS or ACS worker into your house. Advise them you have a constitutional right to refuse entry and politely tell them they are not coming into your house. Do not get into an argument or confrontational situation with them.

There are occasions when the CPS and ACS worker will come to your door with the police. This still doesn’t allow them to come into your house without a warrant. However, there have been cases when the police are present they will force their way into your home. This may give rise to a civil lawsuit because both the police and CPS workers would have exceeded their legal authority. Once they are in your home, however, do not fight them. Cooperate as best you can and deal with the violation of your rights through the legal system at a later point in time.help with CPS and ACS for parents on Long Island

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