Chat Banner

Can We Help You?

Father’s Request to Eliminate Child Support Denied

A father brought a proceeding in Queens County Family Court.  The case was assigned to Judge John Hunt.  The father requested his obligations to pay child support be terminated.  He claimed that the child had been constructively emancipated.  He further claimed the mother had been involved in parental interference that prevented him from maintaining a relationship with his daughter.

 

Litigation

The father and mother had been litigating various issues since 2007.  The father claimed he had no relationship with his daughter.  The mother testified she gave the father every opportunity to see his child but he never took any action to try to maintain a relationship with her.

 

The Judge’s Decision

Justice Hunt found the father had failed to meet his burden of proof showing there had been a change in circumstances sufficient to terminate his child support obligations.  Judge Hunt went on to find the father failed to establish the mother frustrated his relationship with his daughter.  He also found the child was not constructively emancipated.  The Judge’s decision instead found the father avoided his responsibility for his 18 year old daughter.  He made no efforts to form a relationship with her.  Judge Hunt found the father’s testimony to be fallacious and self-serving.  He also found if the father had waited an reasonable period of time which amounted to an inexcusable delay of 10 years in pursuing his remedies to submit these issue to the court.  The father’s application was dismissed.

 

Conclusion

Attorney Elliot SchlisselFathers seeking to terminate child support payments must make a detailed evidentiary presentation to courts.  Judges are very hesitant to eliminate child support payments without very strong evidentiary presentations.

 

Elliot S. Schlissel, Esq. is a father’s rights lawyer representing fathers on child support, visitation and custody matters for more than 4 decades.  He can be reached at Elliot@sdnylaw.com or 800-344-6437.

Wife Seeks Child Support

A wife had brought an application seeking child support about a year after the divorce case started.  The husband was a teacher.  He also owned a small construction company.  He made $152,000.00 in 2015.  During that same year the wife had earned $122,000.00.  In addition, the wife received substantial rental income from a variety of real estate interests she inherited from her family.

 

The Parties Separated

The parties separated in December 2013.  The father moved into the parties’ second home located in Sayville, Long Island.  She remained in their former marital residence.  The father had instead of paying the wife child support for the children, agreed to pay the Sayville property expenses.  In addition, he was paying medical and other insurance expenses included on both properties.  He contributed to the children’s expenses whenever wife requested as well as when the children were with him.

 

Child Support Denied

Justice Quinn sitting in Supreme Court in Suffolk County took note there were no allegations in wife’s submissions the children’s needs were not being met.  He further found the wife had substantial income above a teacher’s salary.  In addition, the husband’s health insurance covered all the parties’ medical expenses.  Justice Quinn found the children’s standard of living remained consistent.  Their financial and emotional needs were provided for.  He denied Elliot Schlisselthe wife’s application for child support.

 

Elliot S. Schlissel is a father’s rights lawyer representing fathers throughout the Metropolitan New York area for more than 3 decades. He can be reached at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.

VIDEO: Postnuptial Agreements

NY Fathers Rights Attorney Elliot Schlissel discusses Post Nuptial Agreements.

Husband’s Contact with Wife’s Attorney Not a Violation of Order of Protection Received by Wife

Violation-of-Order-of-Protection-Received-by-Wife

Judge Javier Vargas sitting in a Family Court in King County recently had an unusual case presented to him. The wife had received an Order of Protection against her husband. He was ordered to stay away from the wife’s home and work and prohibited from communicating with wife, including any third party contact. The wife alleged husband and his private investigator had violated the portion of the Order of Protection preventing third party contact. She claimed her husband and his private investigator had communicated with her attorney through e-mail. She claimed these e-mails constituted harassment and coercion which were violations of the no communications provision of the Order of Protection which she had.

The Husband’s Position

The husband’s attorney argued that there were no allegations that either he or his investigator contacted the wife.

The Judge’s Decision

Judge Vargas took note that even presuming the allegations made by the wife in her petition were true and correct, the husband’s contact communicating with the wife’s counsel did not amount to threats or intimidation against the wife. He found there was no basis to find this conduct by the husband’s attorney constituted harassment or a family offense against the wife. He further found the husband’s attorney and the husband’s investigator were not third parties who were prohibited from communicating pursuant to the court order. Judge Vargas ruled the husband’s communications amounted to “hard edge bargaining negotiations and were not violations of the Order of Protection“.

Elliot S. Schlissel is a father’s rights attorney representing fathers throughout the Metropolitan New York area. He can be reached for a free consultation at 800-344-6431 or Elliot@sdnylaw.com.

Moving with the Children after a Divorce Or a Relationship Ends

Moving with the Children after a DivorceLife is not static. Sometimes a custodial parent has to move or relocate. The move or relocation can be related to employment, other relationships or the need for a family support structure to help him or her with the children. Under normal circumstances a relocation can be an aggravating experience. However, custody issues and the impact the relocation will have on the non-residential custodial parent complicate the issues of moving outside the locality where the other parent resides. The custodial parent cannot simply move with the children. This would be a violation of the other parent’s rights to visit with and spend time with the children. So what do you when you are the custodial parent and you need to move?

Changing or Modifying the Visitation Order

If you are the custodial parent and you seek to move, the first step would be to contact the other parent. See if you can work out an amicable arrangement that would be fair to the other parent and mitigate against his or her losing some parenting time with the children You should make the other parent aware you will work with them and you seek to avoid the necessity of litigation regarding this issue.

Court Proceedings

If an amicable arrangement and modification of the existing visitation scheme cannot be worked out, it will be necessary that you bring a court proceeding. If you were married and divorced you can go to either the Family Court and Supreme Court. If you were never married to the other parent, the proceedings can only be brought in the Family Court. In these proceedings you must establish it is in the children’s best interest that you be allowed to relocate.

Contested Relocation Cases

The non-custodial parent will have to be served in these proceedings and he or she can contest the relocation. A presentation will need to be made to the judge to show the relocation is not intentionally having a negative impact on the other parent’s visitation rights and the relocating parent is going to cooperate and extend themselves to help facilitate parenting time with the other parent after the relocation. This court proceeding should be brought before detailed moving plans are made. The reason for this is unless the presentation in court is well presented the judge could render a decision preventing the children from being relocated.

Attorney Elliot Schlissel

Elliot S. Schlissel is a father’s rights attorney with 40 years of experience. He can be contacted at 1-800-344-6431 or at Elliot@sdnylaw.com.

Father’s Rights Advice

Fathers Rights

There was a time in New York when there was the presumption the mother was going to get custody of the children. That is not the case in 2018 in the State of New York. Fathers have the same rights as mothers to obtain custody of their children. In most families both the father and the mother work today. The days of daddy working and mommy staying home and raising the kids does not represent the majority of families. In some cases the stay at home parent is the father, not the mother. The changes in family dynamics have made the gender neutral law in the State of New York regarding custody issue more practical and creates greater possibilities for fathers to obtain custody of their children.

Fathers’ Impact on their Children’s Lives

Children who are raised without fathers have a greater possibility of using illegal drugs, dropping out of school and of committing domestic violence assaults. Fathers can have a significant affirmative impact on their children’s ability to succeed in life and become productive members of society.

Helping Fathers be Successful in Custody Disputes

For more than 30 years our law office has been representing fathers in custody disputes. There are a number of mistakes some fathers make which have a negative impact on court proceedings to obtain custody. Among these mistakes are: the father moving out of the home where the children reside; fathers maintaining their residence in a dirty, messy manner; failure of fathers to hold steady jobs and have steady incomes; and most significantly the failure of fathers to fight phony orders of protection cases initiated by the children’s mother.

Children’s Best Interests

The standard used by the courts in New York to determine issues involving custody and visitation are what is in the children’s best interests. It is generally in the children’s best interests to have loving relationships with both parents. However, if one parent prevents the other parent from having a relationship with the children, this can be shown to the judge handling the case. Fathers who anticipate a custody or visitation dispute should retain counsel as early as possible. There are a number of actions fathers can take to enhance the possibility they will obtain extensive visitation or custody of their children.

Attorney Elliot Schlissel

Our law office has been representing fathers in custody and visitation cases for more than 30 years. We maintain offices in Nassau, Suffolk and Queens Counties and can be reached at the following phone numbers 7 days a week: 516-561-6645, 613-319-8262 and 718-350-2802. You can e-mail me at: Elliot@sdnylaw.com.

Father’s Rights in 2018

From an historical prospective, mothers have been given the benefit of the doubt with regard to who would Father and daughter holding hands together.receive custody of the children. Today, however, this is not the case. Fathers are winning more and more custody cases. The courts can no longer assume the mother is the more appropriate parent to have custody of the parties’ children. The law in New York is gender neutral. In more and more custody cases the courts are carefully weighing the children’s best interests. This has led to fathers receiving custody in a larger percentage of the litigated custody cases.

Joint Custody vs. Sole Custody

If one parent is awarded sole custody by the courts in New York they have complete authority with regard to making all significant decisions in the children’s lives. In joint custody situations both parents have access to the children and both parents are supposed to communicate and cooperate with each other regarding significant decisions concerning the children’s lives. However, even in joint custody situations one parent is the residential custodial parent and the other parent is the non-residential custodial parent. The children live with the residential custodial parent. They attend schools located near the residential custodial parent’s home. In cases of joint custody sometimes one parent is given the ability to be the tiebreaker should the parents disagree on a particular issue involving the children’s health, education and welfare.

Equal Time with the Children

Our office strives to provide fathers whether they are the sole custodial parent or in joint custody situations with the ability Attorney Elliot Schlisselto spend as much time as is practical with their children. Fathers are a resource for their children. Children who have two loving parents develop better than children who only have limited access to one of their parents. Fathers provide children with a unique prospective to help them turn into well rounded individuals.

The law firm of Schlissel DeCorpo LLP have more than 100 years of combined legal experience in representing fathers in custody cases, support proceedings, downward modifications of child support, changes in custody proceedings and visitations proceedings. Our office offers free consultations and our phones are monitored 7 days a week. We can be reached at 516-561-6645, 718-350-2802 and 631-319-8262. We have offices in Nassau, Queens and Suffolk Counties. You can e-mail us at Elliot@sdnylaw.com.

Joint Custody Ordered by Court

Close Up Of Father And Sons Reading Story At Home

In a case in Westchester County Justice Susan M. Cateci sitting in the Supreme Court divorce part held both the mother and father should have joint legal custody of the parties’ children. During the course of the matrimonial lawsuit, the mother testified on multiple occasions the father engaged in both physical and verbal abuse of her. She claimed these incidents occurred while she was pregnant and also in the presence of the parties’ two (2) children. The father denied any history of domestic violence. However, the court found the mother’s testimony was credible and the judge believed there had been a history of domestic violence between the parties to the marriage.

The Judge’s Decision

Justice Cateci found the father was a loving parent. She also found he was interested in promoting the children’s best interests and he was involved in the children’s upbringing. The judge believed he should continue to play a significant role in the children’s lives. The judge felt he should be consulted with regard to decisions effecting the children’s health and wellbeing. Judge Cateci found the mother should have the final decision making authority but ordered she consult with the father about all significant issues concerning the children. In addition he ruled the parties should use the services of a parenting coordinator.

Conclusion

Attorney Elliot Schlissel

Even in cases where the father has been involved in domestic violence concerning the mother, he can still be very involved in his children’s lives and have a beneficial impact on their health and general well being.

Elliot S. Schlissel is a father’s rights lawyer who has for more than 3 decades has been representing fathers in custody proceedings throughout the Metropolitan New York area. He is available for free consultations and can be reached at 800-344-6431.

VIDEO: Joint Custody Cases

Elliot discusses a joint custody case.

Father Given Sole Legal and Physical Custody of Child

Close Up Of Father And Sons Reading Story At Home

A husband and wife were married in 2005. They had two (2) children born from the marriage. In 2015 a lawsuit for a divorce was commenced. During the divorce case Family Court offenses were filed by the parties each seeking Orders of Protection against the other. In addition, Orders of Protection were sought for the two (2) children who were 8 and 10 years old.

Justice Stacey D. Bennett sitting in the Supreme Court matrimonial part of Nassau County agreed to the request by the parties to transfer the Orders of Protection from the Family Court and consolidate these family offense petitions with the current divorce action which was before her.

Both Parents Seek Custody

Both the husband and the wife sought custody of the parties’ children. The custody issues focused around the wife’s alleged mental illness and her inability to take care of the children.

Judge Bennett awarded the father sole legal and physical custody of the children. She found he was the more suitable parent and it was in the children’s best interests to reside with their father.

Conclusion

Attorney Elliot Schlissel

Fathers can obtain custody of their children! Too often fathers come to me and start our discussions with: I understand it is almost impossible for a father to get custody. That is nonsense. The law in New York State is gender neutral. More and more judges are enforcing the law as it was written. The purpose of the gender neutral custody law in New York was to treat both fathers and mothers fairly and give custody, in contested custody situations to the parent who is best suited to take care of children and who would promote the children’s best interests.