Blog | The Law Offices of Schlissel DeCorpo

Child Support and Fathers’ Rights

June 4, 2026 By Elliot S. Schlissel

Child support is a significant issue in many divorce and separation agreement matters in New York. The non-residential custodial parent pays child support to the residential custodial parent. What happens if there is joint custody? If the parties have joint custody then the parent making more money pays child support to the parent making less money. However, a fairer solution is for the parents to work out a negotiated child support arrangement that is helpful for the children

Child Support and Custody

Sometimes one parent will seek custody of the children for the sole purpose of collecting child support. The parent who is paying child support often have changes in their life. They can lose their jobs. They can be downsized. They can be injured in a car accident and unable to work. A parent can bring an application either to the Family Court or the Supreme Court to modify a Child Support Order that is based on having a higher income.

Child Support Formula

Child support is calculated on a formula. Combined parental income is determined by first subtracting Social Security and New York Income Tax. The formula is 17% if the non-residential custodial parent’s income for one child, 25% for two children, 29% for three children, 31 percent for four children and 35% of the income for five children. There is also a cap and the cap changes periodically. That means only a portion of the parent paying child support’s income is usually allowed to be considered with regard to child support. However, under certain circumstances Judges can go over the cap. Fathers should take an aggressive role in their children’s lives and also take an aggressive role in seeing to it that their rights as fathers are protected.

Elliot 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.

Fathers in New York have Equal Rights to Custody of Their Children

May 29, 2026 By Elliot S. Schlissel

Both parents are encouraged in divorce cases to remain active in their children’s lives. Each of them should facilitate the equal rights of the other parent regarding issues concerning child custody, visitation and decision making.

The Secondary Parent

Sometimes the fathers are looked at as the secondary parent and not given active roles in their children’s lives. Fathers’ legal standing should be established early, especially in situations where the parents are not married.

Parents Plans

Parenting plans should be established in custody matters detailing time schedules, parental responsibilities and how decision-making authority will be resolved. Fathers need to be pro-active to ensure their rights are respected and acknowledged. A consultation with a father’s rights lawyer can provide fathers with the necessary tools to effectively negotiate with the other parent, retain their relationship with their children and see to it that their rights are protected.

Equal Rights to Custody

Fathers in the State of New York have equal rights to custody and parenting time to maintain relationships with their children. If you find yourself in a situation where the other parent is not promoting your interest in the children’s lives or bad mouthing you to the children this can have a negative impact on your relationship with your children. Consulting with a father’s rights attorney may help you understand what your remedies and methods of dealing with this situation are.

Elliot 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.

Filed Under: Custody, Fathers Rights Tagged With: Fathers in New York have Equal Rights to Custody of Their Children

Family Court Orders of Protection And Father’s Rights

May 6, 2026 By Elliot S. Schlissel

In the State of New York most Orders of Protection cases are brought in the Family Court. The purpose of Orders of Protection are to help individuals be protected from abuse, harassment, threats and/or stalking by intimate partners or family members. The Orders of Protection in the Family Courts are civil proceedings. Violating a Family Court Order of Protection can result in criminal contempt charge, which is a felony.

The Order of Protection

An Order of Protection is a Court Order that limits one party’s contact with another party. Sometimes the Court Orders have stay away provisions. Sometimes the Order does not allow any contact between the parties. Other Orders of Protection allow the parties to share a residence. The purpose of Orders of Protection are to reduce the potential for harm and to protect an individual. Sometimes Orders of Protection are referred to as a Protective Order, Stay Away Order or Restraining Order.

The Father’s Rights and Orders of Protection

There should be a uniform standard as to who gets an Order of Protection. However, that is not always the case. The Judges are sometimes more inclined to give Orders of Protection to women based on minor allegations or false allegations. Sometimes Orders of Protection are improperly used in child custody situations to prevent a father from getting custody of the children. If you are on the receiving end of an Order of Protection, be advised that these Orders can be challenged. You should be careful not to consent to an Order of Protection. The violation of an Order of Protection can cause one to be arrested and charged with a crime. Should you be served with a Petition for an Order of Protection it is in your interest to immediately contact an attorney who is experienced in dealing with the issues involving challenging these Orders of Protection.

Elliot 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.

Filed Under: Fathers Rights Tagged With: Family Court Orders of Protection And Father’s Rights

Custody Issues

April 27, 2026 By Elliot S. Schlissel

Women today have equal opportunities in the workplace. In many families both mothers and fathers, pursue careers. Fathers today have larger roles in their children’s lives and in their home environment than in previous generations.

Child Custody and Father’s Rights Issues

Children have 2 parents. Each of them can seek custody of their children. Courts have difficulty in making decisions as to who is the superior custodial parent. In situations where fathers are not married to the mothers, it is even more complicated than when the parties are married. In previous generations father’s rights were ignored. Today fathers have equal rights for custody of their children. New York Courts today determine which parent receives custody based on what is in the child’s or children’s best interests. Unfortunately, fathers are sometimes in the Family Court considered to be second thoughts in custody cases situations.

Child Custody and Visitation

Child custody arrangements should be set up in a manner that magnifies a father’s life situation with his child or children. Even if the father does not seek to be primary residential custodial parent, it is often in the father’s best interests to have a joint custody situation with regard to the parties’ child or children. Fathers should be entitled to spend time with their child or children to enrich their child’s or children’s lives. The child’s or children’s happiness and well being sometimes will depend on the outcome of child custody cases. It is therefore important for fathers to choose aggressive knowledgeable attorneys when they seek custody or liberal visitation with their child or children.

Elliot 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.

Filed Under: Custody Tagged With: Custody Issues

Paternity Issues

May 28, 2025 By Elliot S. Schlissel

In New York when a child is born out of wedlock paternity needs to be established. A father can sign at the child’s birth an acknowledgment of paternity. In this situation if there is no dispute as to who the father is, a voluntary acknowledgment of paternity establishes the father’s rights as a parent. The acknowledgment of paternity needs to be executed by both parents at the time the child is born in the hospital.

Paternity Petition

In cases where an acknowledgment of paternity is not executed, at the time the child is born, in the hospital, a paternity petition may need to be initiated in the Family Courts in the State of New York.

A paternity petition can be filed by a father at any time until the child reaches the age of 21. If there is a paternity issue and the mother disputes who the father is, the court can order both parents to submit to genetic testing for a DNA determination to determine if the man alleging to be the child’s biological father is actually the biological father. In a case where the court determines a man is the biological father, the court will issue an Order of Filiation. The Order of Filiation states that the man who brought the paternity petition is actually the child’s legal father. In this situation the man’s name can be added to the child’s birth certificate.

Custody & Child Support

Once paternity is established issues involving visitation, child support and custody of the child can be dealt with by the court. The non-residential parent will have to pay child support to the parent the child lives with.

Elliot 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.

Filed Under: Paternity Tagged With: Paternity Issues

How Do Fathers Win Child Custody Cases

March 19, 2025 By Elliot S. Schlissel

The law in the State of New York is gender neutral. Each parent has an equal opportunity to have custody of their children. However, many fathers who are involved in custody disputes feel there in an unspoken bias in the legal system. With this in mind, fathers who want custody of their children should do everything in their power to prove to the court that they should be awarded custody. They should do more than the mother does for the children, because if each of the parents contribute equally to their child’s or children’s lives, there is a tendency of some judges is to award custody to the mother.

Fathers Should Be Involved in the Education of their Children

The fathers should be involved in the education of their children. They should help their children with their homework. They should go to parent/teacher conferences. They should know the names of their children’s teachers and how to contact their child’s teachers or schools regarding any problems the child has. Fathers should be involved in the medical and dental care of their children. If possible, they should accompany their children to dental or medical appointments. They should be familiar with all the medical or dental issues their children have. Fathers should try to be involved in the athletic endeavors involving their children. They should offer to coach teams or be involved in their children’s extra curricular activities.

Fathers who have jobs that do not coincide with the children’s schedules, social networking and extra-curricular activities may have difficulty participating in these endeavors. Preparing a strong custody case involves planning and sometimes the father willing to make sacrifices in his life for the benefit of his children.

Filed Under: Family Law Tagged With: How Do Fathers Win Child Custody Cases

Gender Issues in Divorces

January 8, 2025 By Elliot S. Schlissel

There was a time in New York when the man’s responsibility was to support the family and the woman’s responsibility was to raise the children and maintain the home. That changed a long time ago. However, there are implicit biases still maintained by some in the legal system regarding men being the financial providers and women being responsible for raising the children.

Litigating Custody Issues

In situations where there are disputes involving custody and parenting time, it can be helpful in resolving cases out of court. Litigating in court is expensive, time consuming and emotionally challenging. When the case is on the court’s calendar there are often many other cases on the calendar. The attorney representing a party to a custody lawsuit may have to sit around for hours waiting for the case to be called by the Judge. An innovative attorney can come up with custody and parenting solutions that avoids the expense and necessity of repeated court appearances, and a decision made by a judge who is a stranger to the parties.

Attorney for the Children

In custody cases that cannot be amicably resolved between the parents, the court will appoint an attorney to represent the children. This attorney for the children will meet with the children to try to get a feeling as to who the children would prefer to live with. This puts psychological and emotional pressure on the children which should be avoided if at all possible.

Elliot 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.

Filed Under: Divorce Tagged With: Gender Issues in Divorces

Family Law Custody and Parenting Rights

October 31, 2024 By Elliot S. Schlissel

Each 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.

Elliot 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.

Filed Under: Custody Tagged With: Family Law Custody and Parenting Rights