Family Law Custody and Parenting Rights

Family Law Custody and Parenting RightsEach parent plays an important role in their children’s lives. This takes place until children have reached an age where they are fully independent of parents for support, care, intellectual development and ethical issues for their children. Children form bonds with their parents in their early years. When a custody dispute arises, it impacts on the bonds the parents have with their children.

Traditional Families

In traditional families the father earned the income and the mother raised the children. Although some families still operate in this manner, it is generally not the case in today’s society. The father has an equal role in raising their children. This is true whether the parents are married at the time of the children’s birth, or the children are born out of wedlock.

Custody Cases

God set up children in a manner that they want to love both of their parents and have relationships with both of their parents. Custody cases should not proceed in a manner that alienates the children from the parent the children do not live with.

It is unfortunate that some custody cases end up in bitter litigation. Children should not be used as pawns in custody cases. This often results in the children being the real victims in the custody cases.

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.

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Video : Denial of an order of protection a mother sought to seek, sought to obtain, actually, against a father

Father’s Rights In New York Family Court

Father’s Rights In New York Family CourtIn the Family Courts of New York, Fathers have equal rights with regard to issues concerning child custody and visitation of their children. After it is established who the Father is, the child then receives rights to inherit from the Father and the child can participate in the Father’s health insurance plan.

No Preference Between Mothers And Fathers And Family Courts

In Family Court in New York, the issues concerning who receives child custody, whether it be the Father or the Mother is determined by what is in the best interest of the child. Neither the Father nor the Mother receives any type of preference with regard to issues concerning who shall receive custody.

Being Married or Not Married Doesn’t Usually Matter

Whether parents are married or not is usually not an issue in determining custody. Custody determinations in the state of New York can be made either by the Family Court or the Supreme Court. In divorce cases, which take place in the Supreme Court, a Judge can make rulings on custody. Custody cases in the Family Court can be brought by people who are married or unmarried. The Family Courts in the state of New York have simultaneous jurisdiction concerning issues of custody with the Supreme Court.

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.

Happy Thanksgiving

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Mother Denied An Order Of Protection Against The Father

Mother Denied An Order Of Protection Against The FatherIn a case in Oneida County, New York before a Judge F. Christopher Giruzzi, a Mother sought to modify a prior order giving the minor child of the parties’ custody to the Father. She alleged there had been a change in circumstances. She claimed the Father did not permit unfettered telephone access with the child. She also claimed the Father made disparaging remarks about her while the child was present. She claimed all of the aforementioned allegations were in violation of the prior order of custody.

Allegations Of Harassment Against The Father

The Mother, in addition, sought an order of protection against the Father. She alleged he committed a family offense of harassment against her. The allegations were simply that he comes to the home for exchanges, and we are “very uncomfortable”.

The court ruled the Father will continue to be the sole residential custodial parent of the child. The judge set a specific schedule to eliminate extensive communication between the parties.

The court found the Mother, being “very uncomfortable” does not constitute a family offense which would require, or be the basis for, an order of protection against the Father.

Conclusion

The Mother in this case simply wanted to change residential custody from the Father to her. She didn’t present a reasonable argument for there to be a change in custody.

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.

Happy Halloween!

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