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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.
Children’s Best InterestsA 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:
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.
There 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.
To watch today’s video blog, please click on the link below:
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.
Please click on the link below to watch today’s video blog:
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.
Grandparents: 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:
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’ rights regarding custody and visitation arrangements are regulated on a state by state basis. There is a federal statute called the Parental Kidnapping Prevention Act of 1980 which impacts upon grandparents’ rights. This statute requires each and every state to give full faith and credit to child custody orders and decrees given by other states. In 1998, a federal law went into effect which required all 50 states to recognize and give legal enforcement to court orders from other states giving grandparents visitation rights with their grandchildren. The Uniform Child Custody Jurisdiction and Enforcement Act requires courts in the state where the child is located to enforce child custody orders from other states.
In the year 2000, the United States Supreme Court, in the case of Troxel v. Granville rendered a decision that a statute from Washington State giving grandparents visitation rights violated the due process rights of the biological parents to raise their children. Since this case was decided, there have been numerous state court decisions in New York as well as sister states and state laws trying to get around, modify, or soften the decision in Troxel v. Granville. New York State is one of the most liberal states in the country when it comes to giving grandparents visitation and/or custody of their grandchildren.
Elliot Schlissel has been litigating cases on behalf of grandparents for more than three decades. He is successful in helping grandparents obtain visitation with their grandchildren. In the appropriate situations, he has been successful in helping grandparents obtain custody of their grandchildren. He strongly believes that grandparents can play an invaluable role in the lives of their grandchildren.
Please click on the link below to watch today’s video blog:
Elliot S. Schlissel is a father’s rights attorney. He has been representing fathers in custody proceedings, visitation agreements, and all aspects of matrimonial law and family law. He can be reached for consultation at 516-561-6645, 718-350-2802, or by email to schlissel.law@att.net.
Kenneth Dearden, a Westchester Real Estate Developer, was shot in the head by his wife as he slept in his home. Kenneth claims his wife tried to kill him to avoid a difficult divorce.
On November 14, 2013, Kenneth Dearden woke up in terrible pain. He had received a gunshot wound to the base of his skull. It is theorized he only survived because the shooter used an antique Deringer which had been a gift to his wife from her parents.
Dearden has taken the position his wife had been having an affair since 2011 and her lover had put pressure on her to take action to end her marriage. Dearden’s lawyer stated “with plaintiff no longer in the picture, defendant could avoid a contentious divorce, keep the marital home and never admit the marital infidelity to any family or friends.”
Wife Charged With Attempted Murder
Emily Dearden has been charged with attempted murder. Her attorney has denied the allegations on her behalf. Ms. Dearden is currently free on $150,000 bail. She has been suspended from her position as a New York Police Department psychologist.
On the night of the shooting, Kenneth Dearden looked for his wife. He wanted her to take him to the hospital. She claimed she had been hit on the head. The house’s alarm system had been turned off. Initially Dearden thought he had been attacked by an intruder. When the police came to the Deardens’ home, Emily Dearden was laundering dirty clothes. She asked the police if they had a warrant. The police found a pair of Deringers and were able to determine one of the guns had been fired. Unfortunately, the bullet taken from Kenneth Dearden’s skull was too damaged for a ballistics match.
Conclusion
Divorces may be messy and painful, but not as painful as a long term jail sentence!
Elliot S. Schlissel is a father’s rights lawyer representing fathers in all aspects of matrimonial and family law. 
Can a residential custodial parent simply pack up with the children and move out of town, negatively impacting on the other parent’s visitation situation with the children and relationship with the children? The answer to this question is, no. It is necessary to have a signed and acknowledged agreement between the parents or obtain an order from either the Family Court or the Supreme Court allowing the residential custodial parent to relocate.
In the State of New York there is a case, Tropea v. Tropea which deals with issues concerning custodial parents relocating. This case determined the relocation of a custodial parent out of the “restricted area” should be determined based upon what is in the best interests of the children. As a result of this case, each request by a custodial parent is considered with regard to the circumstances of the parents and the children. A judge, after considering the facts and circumstances, renders a decision on what would be in the children’s best interest. The courts in these cases take into consideration the rights and needs of the parents as well as the needs of the children. However, the greatest weight is placed on what is in the children’s best interests.
Impacting on the Court’s Decision
The factors courts will consider on issues concerning relocation are:
Do You Need to Relocate?
If you need to relocate it is extremely important you hire the most qualified, experienced attorneys available to help you with these proceedings. Our law firm has litigated numerous relocation cases and we have an unparalleled record of success in dealing with relocation problems!
Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore
