Custody Legal Battles – Part I

March 9, 2015 By

father's rights attorneyIn a situation where you are a father who has had an active relationship with your children, and you are now facing a divorce, what should you do to maintain your relationship with your children? To start with, you should do everything in your power to maintain the relationship you had with your children while your marriage was intact after your marriage breaks up. This means you should spend as much quality time with your children as is reasonable. To become the residential custodial parent, showing you are the nurturing parent involved in your children’s daily lives is extremely important. You should seek to have, at a minimum, equal parenting time with your children. If your custody issues are going to be litigated before a judge, you must develop a strategy so you can demonstrate to the court you are involved in the children’s activities on a daily basis. You must show you have a support system, which will help take care of your children while you are working or unavailable. You must provide the court with a realistic presentation demonstrating how you having custody of the children will be in the children’s best interests.

Finding the Right Lawyer

If you are a father who seeks custody of your children, you must choose an attorney who understands your motivation and your desires. Fathers are currently entitled to equal rights to obtain custody of their children. However, even though on paper fathers have equal rights to obtain custody of their children, statistics indicate there is still a bias within the legal system favoring mothers. The attorney you choose to represent you should have experience regarding father’s rights issues. He or she should have a history of representing other fathers in custody disputes. You do not want an attorney who is just getting started and using you as a guinea pig in his efforts to develop a winning strategy on father’s custody cases. Before hiring an attorney, read about the attorney online. Look into his or her previous experience in representing fathers in custody cases. Check to see if he or she has published articles with regard to custody issues concerning fathers.child custody attorney

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Constructive Emancipation

February 27, 2015 By

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Elliot S. Schlissel is a father’s rights lawyer.  He represents fathers in all aspects of matrimonial and family law including child support hearings, visitation, divorces, and custody proceedings.  Elliot and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

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Attorney for the Child

February 20, 2015 By

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Elliot S. Schlissel is a father’s rights attorney.  He represents fathers in custody litigation, child support litigation, and issues involving visitation rights and parenting time.  He and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

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Co-Parenting Post Divorce

February 16, 2015 By

helping father's win custodyGoing through a divorce can be very stressful. This is true even when the divorce is settled out of court and not litigated. When the parties to the marriage have children, a parenting plan is often recommended to promote the children’s best interests. Parenting plans deal with issues concerning parenting time, child support, and where the children will live. Parents’ chief concern regarding their children should be their children’s stability and mental and physical health.

Co-Parenting

After a divorce is concluded, the parents must maintain a high level of communication with regard to their children. Issues such as the children’s schoolwork, their daily routines, their social and sports related schedules, as well as how they are doing in school and their behavior should be discussed between parents. Co-parenting involves parents working together for the health and well being of their children. The following are a variety of suggestions to help parents successfully develop post divorce co-parenting schemes:

  • all major decisions should be based on the children’s best interests and not promoting one parent’s interests over the other
  • the parents should consult with each other with regard to significant issues regarding how the children are raised
  • the parents should try to maintain cordial relationships with each other
  • the parents should not use the children as messengers between them
  • the parents should each promote the other parent’s relationship with the children
  • neither of the parents should denigrate or talk badly about the other parent in front of the children
  • each parent should take into consideration and have respect for the other parent’s parenting style
  • each parent should keep the other parent informed concerning their children’s daily activities
  • each of the parents should avoid conflicts which are played out in front of the children
  • each of the parents should avoid questioning their children with regard to their relationship with the other parent
  • parents should make decisions based on the children’s best interests
  • each of the parents should be flexible with regard to the other parent’s scheduling needs
  • parents should be cooperative and consistent concerning child support payments

Parents who strive to incorporate the aforementioned bullet points into their parenting plans will have a greater level of success in co-parenting their children. The primary beneficiaries of their success will be the health and general welfare of their children. In essence, parents simply need to put their love of their children over and above all other needs and conflicts between each other.  father's rights advocate in custody proceedings

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Mother Forced to Return Children to Israel

February 14, 2015 By

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Elliot S. Schlissel is a father’s rights attorney who was has been representing fathers for more than 45 years.  Elliot and his staff of attorneys handle divorce cases, child custody and visitation, and all aspects of family law proceedings.  He can be reached for consultation at 516-561-6645, 718-350-2802, 1-800-344-6431 or by email to schlissel.law@att.net.

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Mothers Are No Longer First In Line When It Comes To Child Custody – Part II

February 11, 2015 By

fathers rights lawyerChildren’s Best Interests

A gender neutral standard is utilized by courts in New York State to determine custody based on what is in the children’s best interests. There are a number of factors which courts consider on the children’s best interest issue. Among those factors are the following:

  • who has been the nurturing parent for the child
  • who has been the child’s primary caretaker
  • the nature and circumstances of the relationship between the child and each of the parents
  • does either of the parents have extended family members who help nurture the child
  • are both of the parents in good physical and mental health
  • are there drug addiction, alcohol abuse, physical abuse or sexual abuse issues involved in the relationships
  • the child’s preference with regard to living with each of the parents

Custody Litigation

If the issues concerning custody and parenting time cannot be resolved amicably, custody litigation ensues in both the Family Courts and the Supreme Courts in the State of New York. When these matters are litigated, each of the parents has the right to show how giving custody to him or her would be in the child’s best interests. The parent’s gender no longer is a consideration in determining who should receive custody of the child or children.

Children Need Both Parents

All children have one father and one mother. Custody litigation is not a winner take all situation. Even if one parent receives sole custody of the children, the other parent should be entitled to extensive parenting time with the children. The best way to handle custody issues is to try to resolve them out of court. Litigation itself may create levels of animosity which is detrimental to the children.Child custody attorneys on Long Island

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Mothers Are No Longer First In Line When It Comes To Child Custody – Part I

February 8, 2015 By

father's rights lawyerThere was a time in the 1970s when it was almost a foregone conclusion mothers would receive custody of their children unless they were unfit. Custody today is determined without discrimination as to the gender of the individual asking for custody. Mothers are no longer first on the custody line! The theory that mothers, because of their biology, are a better parent is a debunked myth. Mothers no longer automatically receive custody. The “tender years doctrine” which held mothers should receive custody of young children because a mother had a greater ability to provide love and care for young children and were better suited to meet young children’s needs is no longer accepted in the courts of New York. The argument that mothers had some type of biological superiority to become the residential custodial parent of children is now considered to be only a myth.

Fathers play an extremely important role in raising their children today. Fathers who are the principal caretaker of their children are becoming more and more common in America. Changes in who will receive custody of their children have been impacted on by changing gender stereotypes. The courts giving equality to both sexes concerning the issue of who should be the child’s custodial parent. The development of father’s rights attorneys who effectively litigate on behalf of fathers seeking custody of their children have also impacted on helping fathers receive custody.Father's rights advocate

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Improper Accusations of Child Abuse

February 4, 2015 By

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Elliot S. Schlissel is a father’s rights attorney.  Elliot has been representing parents in child custody, CPS and ACS investigations and other family matters for more than 45 years.  He and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.  The phones are monitored 24/7.

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Mother Sought To Destroy Father’s Relationship With Their Child

February 1, 2015 By

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Elliot Schlissel is a father’s rights attorney.  He has been representing fathers in child custody matters, visitation issues and all other aspects of Family Law for more than 45 years.  He can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

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Guide to Grandparents’ Legal Rights Regarding Their Grandchildren – Part II

January 29, 2015 By

lawyer for grandparents on Long IslandGrandparents: Custody or Visitation?

There are different requirements or situations where grandparents will receive custody than those situations and requirements for grandparents to obtain visitation. The “best interests of the child” is the standard utilized in New York and all other states, in the United States, when determining whether a grandparent should be entitled to either visitation or to have custody of their grandchildren. The following are some of the factors utilized by courts in New York to determine whether it is appropriate to give grandparents either custody or visitation of their grandchildren:

  • the physical and emotional needs of the children.
  • the safety of the children.
  • the ability to maintain the welfare of the children.
  • the capabilities of both the parents and/or grandparents to meet the needs of the children.
  • the level of closeness of the relationship between the grandchildren and their grandparents.
  • how long have the grandparents maintained a relationship with the grandchildren.
  • have the children been neglected or abused by their parents and/or grandparents.
  • are there substance abuse issues in the grandparents’ home or the parents’ home.
  • the ability of the children to adjust to a new home or school situation.
  • the ability of the both the parents and the grandparents to provide care, love, affection and nurturing of the children.
  • how far apart do the parents and grandparents live.
  • is one or both of the parents deceased.
  • is one of the parents in the hospital and the other parent unavailable.
  • is one of the parents in jail and the other parent incapable of caring for the children.
  • the desires of the children to live with either the parents or grandparents. (Greater weight is given to this factor when the children are older).

A Best Interest Test

For grandparents to obtain visitation or custody in New York State, they must clearly show it is in the children’s best interests they receive either visitation or custody. In addition, if the grandparents are seeking custody in New York, they must show how this will affect the relationship, if one exists, between the children and their parents.

Conclusion

Grandparents’ rights are hotly contested issues in the courts of New York. If you are a grandparent and you seek custody or visitation of your grandchildren, the best way to ensure the greatest potential for success is to hire an experienced, dedicated grandparents’ rights lawyers.grandparents attorney in New York

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