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Elliot S. Schlissel is a father’s rights lawyer. He can be reached at 516-561-6645, 718-350-2802, or by email to schlissel.law@att.net.
Court Terminates Father’s Child Support Obligations
October 15, 2014 by
In a case before Support Magistrate Elizabeth Bloom, sitting in the Family Court of Nassau County, a father brought a petition to terminate his child support obligations. In his petition, the father plead that his two daughters had been constructively emancipated from him and as a result he sought to end all of his child support obligations. He had not seen either of his two daughters since 2007. The father claimed the mother had defamed him in front of his twin daughters. She had told them he had engaged in extramarital relationships with other women. This information caused the girls to be alienated from him.
Mother Claimed Daughters Didn’t Want to See Their Father
The mother contended the father had not contacted his twin daughters since 2009. She took the position it was solely the children who did not want to have contact with him. She claimed she did not create the situation.
Support Magistrate Bloom in her decision stated pursuant to the doctrine of constructive emancipation a child who is of employable age can be constructively emancipated from the father. She found the father’s testimony to be truthful. She also took into consideration the evidence showed the mother had exhibited hatred towards the father. In her decision, Support Magistrate Bloom found the children were supporting the mother’s position against the father. She found the father’s conduct did not amount to a reasonable basis for the children to refuse to have contact with the father.
Constructive Emancipation
Support Magistrate Bloom ruled the children had constructively emancipated themselves from their father. They had taken this action without just cause or reason. They had refused to have any contact with him or allow him visitation. The father’s petition to have his child support obligations terminated was granted.
Wife Awarded Temporary Attorney’s Fees
October 14, 2014 by
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Elliot Schlissel is a father’s rights attorney. He can be reached by telephone at 516-561-6645 or 718-350-2802. He can also be contacted by email to schlissel.law@att.net.
Unwed Father Granted Custody of Child
October 12, 2014 by
To watch today’s video blog, please click on the link below:
Elliot S. Schlissel is a father’s rights attorney. He can be reached at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.
Article 78 Hearing Regarding Child Support
October 9, 2014 by
To watch today’s video blog, please click on the link below:
Elliot Schlissel is a father’s rights attorney. He can be reached at 516-561-6645 or 718-350-2802.
Husband Ordered to Pay Wife’s Attorney Fees After Prolonged Litigation
October 7, 2014 by
Please watch today’s video blog by clicking on the link below:
Elliot S. Schlissel, is a father’s rights attorney. He can be reached at 516-561-6645 or 718-350-2802 or by email to schlissel.law@att.net.
Court Needs Consent of Father For Children To Be Adopted
October 5, 2014 by
Please watch today’s video blog by clicking on the link below:
Elliot S. Schlissel is a father’s rights lawyer. He can be reached by telephone at 516-561-6645 or 718-350-2802, or by email to schlissel.law@att.net.
Husband Ordered to Pay Wife’s Legal Fees
October 3, 2014 by
To watch today’s video blog, please click on the link below:
Elliot S. Schlissel is a father’s rights attorney. He can be reached at 516-561-6645 or 718-350-2802. He can also be reached by email to schlissel.law@att.net.
Custody Litigation
October 1, 2014 by
In custody litigation the court must determine which parent would be better at taking care of the best interests of the child or children. Best interests of the child or children involves which parent can provide a life situation where the child will thrive and grow emotionally, intellectually, spiritually and physically. The large majority of custody issues are resolved out of court in custody agreements between the parties. However a small number of custody matters require a judge to make a decision as to which parent would be better suited to being the residential custodial parent of the child.
Preparing for Custody Litigation
Each litigant in a custody case will seek to prove it is in the child’s best interest for the child to reside with them. In order to accomplish this goal, a litigant in a custody case should obtain documentation supporting his or her claims. This documentation should show the involvement of that parent in the child’s medical needs, school, work, after school activities, family and social events, and other issues which would lead a judge to believe that parent was the primary, caring individual involved with raising the child and promoting the child’s best interests. A parent seeking custody should show his or her residence provides appropriate accommodations for the child, is within a reasonable distance of the child’s school, and the living environment the child would be exposed to is conducive to raising a child. Photographs of the place the child will live, his room, the accommodations of the home should be available to present to the court.
Who The Child Seeks to Live With
In the State of New York, in custody battles, an attorney is appointed to represent the child. The attorney for the child is supposed to meet with the child and take into consideration the child’s desires as to who he or she would seek to live with. It is this author’s opinion the child’s position as to who should be the residential custodial parent should only be considered with mature children. Unfortunately, this is not the law in New York. I have had numerous cases where attorneys for a child have come into court and advised the court who the 4 or 5 year old they interviewed would seek to live with. 4, 5, 6, 7 and 8 year olds often change their minds, sometimes 3 or 4 times during a 15 minute span.
Support System
Parents seeking custody of a child should be able to make a presentation to the court who will be taking care of the child, supervising the child, and meeting the child’s needs 7 days a week. If the parent works, he or she must present to the court a support system which would nurture the child, protect the child, and properly supervise the child when that parent is unavailable due to employment or other reasons.
The More Available Parent
Some parents have employment situations which are more flexible than others. The parent with the more flexible position can make a presentation to the judge that he or she would be available to be there for the child during school programs, after school activities, and help with homework. Judges do take a parent’s availability to nurture a child into consideration when custody issues are presented to them.
Elliot Schlissel is a father’s rights lawyer practicing law within the Metropolitan New York area for more than 35 years. 
Custody Awarded to Non-Biological Parent
September 29, 2014 by
Please view today’s blog video by clicking on the following link:
Elliot S. Schlissel is a father’s rights attorney. He can be reached at 1-800-344-6431 or by email at schlissel.law@att.net.
