Dealing with Child Protective Services – Part I

July 9, 2014 By

Most parents spend their lifetime supporting their children, protecting their children from harm and helping their children become successful, productive human beings. When a parent is accused by Child Protective Services (hereinafter referred to as “CPS”) of abuse or neglect it could create a conundrum for the parents. CPS’ job is to investigate allegations made anonymously concerning issues involving child neglect and child abuse. When a parent hears from CPS, the normal reaction for the parent being investigated is to be upset, angry and scared.

Child Protective Services’ Investigations

When a Child Protective Services worker comes to your home, he or she is looking for signs of child abuse or child neglect. They are interested in finding out whether a child or children have been either physically or emotionally abused. Their job is to find evidence of abuse or neglect. Their job is not to seek out information to clear you with regard to the allegations that have been made against you. When a Child Protective Services worker comes to your home, if he or she finds that your home is unsafe or inappropriate for raising children, the worker can go to court and obtain a court order to remove your children to a safe foster care family. The worker may also make recommendations to you with regard to steps to be taken to make your home safer and more appropriate for raising children.

Should You Cooperate With Child Protective Services’ Investigators?

When the CPS investigator comes to your house, the first thing you should do is get his or her name, their phone number, email address, and the name and address of the agency they are working from. The question then becomes should you allow them into your home? Should you allow them to speak to your children privately? The answer to these questions depends on the circumstances and allegations made against you. In addition, it depends on what the Child Protective Services worker will find in your home. It is strongly suggested, when allegations of child abuse or neglect are made against you, that you consult with an attorney and discuss whether you should give admittance to your home to the Child Protective Services worker and/or allow them to talk to your children.

Be Polite

Under all circumstances, it is important that you act polite and appropriate and not hostile when dealing with the Child Protective Services worker. Should you decide not to let them meet with your children or speak with them, politely tell them that you will be happy to talk with them in the future after you have consulted with an attorney.father's rights advocate on long island

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Forensic Evaluator Removed: Report Not Accepted

July 3, 2014 By

father's rights attorney on long islandIn contested custody disputes, courts often hire a psychologist or a social worker to do a forensic analysis as to which parent would be better suited to be the custodial parent of the children. The forensic evaluator is supposed to look into all aspects of the interaction of the parents and the children and make recommendations in the children’s best interest as to which parent would be more suitable or the better residential custodial parent.

Forensic Evaluator’s Report

Justice Jeffrey Goodstein sitting in the Supreme Court Divorce Part in Nassau County, New York, recently had a case involving issues concerning a forensic evaluator’s report.

A father had brought an application to change custody. In the event of the modification of the custody, he also wanted his child support payments eliminated. The attorneys for the wife opposed the father’s application and a hearing was scheduled. The court appointed a forensic evaluator, a psychologist, to do a forensic analysis regarding parenting time and issues concerning custody of the children.

Forensic Evaluator’s Failures

The attorney for the husband brought an application to appoint a different forensic evaluator. In reviewing the application by the husband, the court made the following findings. The forensic evaluator who had been appointed, had failed to act with an acceptable standards for a forensic evaluator. This evaluator had not looked into Child Protective Services reports, issues concerning sexual abuse, and the facts and circumstances of the various mental health professionals that had cared for the father and mother and the children during the past few years. The evaluator said she rendered her report based on the interviews she had with the parties. The evaluator admitted she did not perform any psychological tests on the parties. Justice Goodstein found this evaluator had deviated from acceptable standards for forensic evaluations concerning child custody issues. He therefore did not accept the report into evidence and did not consider it in making a decision. However, he did find that although this forensic evaluator’s report would not come into evidence, he still needed the report of a forensic evaluator in order to determine the various issues concerning parenting time and custody presented to him in this case. He therefore had the parties retain a new forensic evaluator.

Are Forensic Evaluators Needed?

There is controversy as to the need for forensic evaluators in custody cases. The judge should be the ultimate decision maker of who gets custody and who is the more appropriate custodial parent for the children. In this case the parties spent a lot of money on one forensic evaluator and now they are going to have to spend a lot of money on a second one. Hopefully the second evaluator will do a more complete evaluation.child custody help for fathers

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The Number of Stay at Home Dads Increases

June 30, 2014 By

father's rights lawyerThere are approximately 2,000,000 stay at home dads in the United States. This is pursuant to the Pew Research Center. The large majority of stay at home dads aren’t working because they are taking active roles in raising their children. In 1989 only 5% of stay at home dads were involved in raising their children. Today, more than 20% of the stay at home dads are the primary parent responsible for their children’s needs.

Illness, Unemployment and Other Factors With Stay at Home Dads

The proportion of stay at home fathers who are either disabled, unable to find work, or sick has decreased from approximately half of the stay at home dads in 1989 to about 1/3 of the stay at home dads today.

Stay at Home Dads and Father’s Rights

As women have become more successful in the workforce, more and more women are busy developing successful careers. Having a successful career and being the primary caretaker of the children usually does not work out well. So successful business women need the comfort of knowing a loving parent is staying home with the children and meeting the children’s needs. Should there be a break up in the relationship between the mother and father, stay at home dads have a significant argument to become the residential custodial parent of the children. This will give the children continuity in their lives. This is also the argument which women have been making to become the primary residential custodial parent for a century!

Elliot S. Schlissel is a father’s rights lawyer who has been representing fathers in custody cases for more than 45 years.advocate for fathers in custody cases

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ACS Unable to Prove Educational Neglect by Mother

June 27, 2014 By

father's rights advocatesJudge Steven Mostofsky sitting in a Family Court Part in Kings County had an action brought before him by the Administration of Children’s Services (hereinafter referred to as “ACS”). The petition by ACS stated that the mother, Malikah, had committed educational neglect with regard to her 16 year old daughter, Betthi. Betthi had been in foster care since June 2011. She was placed in foster care because Malikah was in jail at the time.

ACS’ petition had more than one allegation against Malikah. In addition, they alleged Malikah failed to maintain the mental health of her daughter Betthi.

Judge Mostofsky found ACS did not prove Malikah’s behavior was abnormal or psychotic. He also didn’t find her behavior had placed her daughter’s mental health at risk. Judge Mostofsky found ACS had not obtained information with regard to Betthi’s schooling or her test scores while she was attending school in South Carolina between 2005 and 2010. They also didn’t obtain financial educational information while she was in foster care in North Carolina. Judge Mostofsky held a hearing. Testimony was taken and evidence was submitted. At the end of the hearing, he ruled ACS had failed to establish a case of either educational neglect or mental health neglect against the mother.

In his decision, the judge pointed out Betthi graduated high school. Since she had graduated high school, the claims her mother had impaired her ability or had a negative impact on her future could not be proven. The judge therefore dismissed the petition of ACS.

What Troubles the Author

In this case, ACS had removed a child from her mother’s care for years. Years later the mother finally gets a trial after not having custody of her daughter for a considerable period of time, and the courts finds the initial allegations made by ACS years earlier were invalid! The problem in this case, from the author’s point of view, is the hearing should have taken place years earlier. Making a decision years after a child is removed from her mother’s care, based on faulty allegations, does not do justice for the mother. This reaffirms my concerns that the legal system regarding ACS cases doesn’t work properly!legal assistance when dealing with CPS or ACS

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Wife Tries to Set Aside a Prenuptial Agreement

June 25, 2014 By

A husband and wife entered into a prenuptial agreement several weeks prior to their marriage. The wife has brought a proceeding to set aside the prenuptial agreement based on coercion and duress. In her moving papers, she advised the court she trusted her husband and signed the agreement because he told her to do so. She also claimed she didn’t understand what she signed because no one explained the agreement to her. In addition, she claimed she could not read or write in the English language well enough to understand the legalese contained in the prenuptial agreement.

Wife Represented by Counsel

The attorney for the husband argued the wife had misrepresented what transpired. To start with, she was represented by an attorney of her choosing. Her attorney testified at a hearing that if he had felt the wife did not understand the agreement or understand him, he would have hired an interpreter. All of his negotiations and discussions with her were in the English language. He had no reason to believe she did not understand him when they were talking together. And he believed she understood the agreement that was executed.

The Court’s Decision

Supreme Court Justice Jeffrey Sunshine sitting in a divorce part in Kings County found the wife’s allegations that she did not understand English, “patently incredible.” He stated in his decision she obtained a degree in English while living in Russia. She taught Russians to speak English while living in Russia and also taught Russians to speak English while living in the United States. The wife had executed the agreement at its end. She had sufficient opportunity to meet with her attorney. There was no evidence she was defrauded into signing the prenuptial agreement or duress was used in motivating her to execute the prenuptial agreement. Justice Sunshine found no reason to set aside the prenuptial agreement.

Conclusion

This is an example of a wife trying to convince a court to set aside a prenuptial agreement based on nonsensical arguments. The purpose of prenuptial agreements is to lock in the parties’ financial responsibilities in order to avoid litigation at the time of separation or the death of one of the parties. In this case, it looks like the wife decided she was not satisfied with what she was getting in the prenuptial agreement so she took a shot at setting it aside. Unfortunately for her she had no valid reason to set aside the prenuptial agreement.assistance for fathers in divorce litigation

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Grandparents Rights After Divorces

June 23, 2014 By

father's rights attorneysGrandparents often have special relationships with their grandchildren. Sometimes the problems in the relationship between the parents, can disrupt the relationship between the grandparents and their grandchildren. So what can a grandparent do if the residential custodial parent refuses to give them access to their grandchildren?

Grandparents’ Rights

Grandparents can bring legal proceedings to force the custodial parent of their grandchildren to give them access and visitation with their grandchildren. In cases where grandparents have had relationships with their grandchildren or the grandchildren have lived with them, courts are especially cognizant of the relationship between the grandparents and their grandchildren being in the grandchildren’s best interest.

Custody for Grandparents

If neither of the parents are appropriate individuals to have custody of their children, grandparents have a right to step in and ask the courts for custody. In cases where the parents are unfit, have drug problems, alcohol problems, have issues involving child abuse and/or child neglect, grandparents are a valuable resource to help their grandchildren lead normal fulfilling lives. Grandparents can not only win custody but they can also be appointed the legal guardian of their grandchildren.

Grandparents Issues and Legal Complications

The law in the State of New York seeks to have the biological parents of their children raise the children whenever possible. The circumstances and situations where grandparents can obtain visitation rights and/or custody of their grandchildren are fact sensitive and involve sophisticated legal issues. If you, a friend or family member have questions concerning grandparents rights, feel free to call our law firm. Our phones are monitored 24/7. We can be reached at 718-350-2802, 516-561-6645, or 1-800-344-6431. We have been fighting for grandparents’ rights for more than 45 years and we have a long history of success in the representation of grandparents involving custody and visitation issues.advocate for grandparents rights

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Separation Agreement Upheld: Husband’s Request To Set It Aside Denied

June 18, 2014 By

father's rights attorneysA husband and wife entered into a separation agreement. The separation agreement dealt with issues concerning custody, parenting time, and the parties’ finances. The agreement specifically provided during the period of time the parties were legally separated they would continue to deal with their finances as they had in the past while they were married. Pursuant to this portion of the agreement, both parties were to deposit their wages into a joint bank account at HSBC.

Husband Fails to Comply With Agreement

The husband stopped depositing his earnings into the bank account. The wife brought a proceeding to enforce the parties’ separation agreement and cause the husband to continue depositing his income into the joint HSBC account. The husband took the position the separation agreement should be declared invalid and he should not be responsible for depositing his income into the HSBC joint account.

Justice Jeffrey Goodstein sitting in the Supreme Court Part in Nassau County found the husband had breached the terms of the agreement and the wife had not. He granted the application from the wife to cause the husband to deposit all of his income for the years 2012 and 2013 into the joint bank account. In addition, he ordered both the husband and the wife to provide each other with a detailed accounting of the use of the funds which were deposited into the joint HSBC account. Judge Goodstein denied the husband’s application to set aside the separation agreement.

Conclusion

Let’s start with the fact that if you are getting legally separated, you shouldn’t be sharing a joint bank account. You should each have separate bank accounts. This seems to be a very poorly drafted separation agreement. In the end, if you enter into a validly executed separation agreement, a court will most likely force you to live up to its terms.

Husbands and fathers should be careful as to what they sign!

Elliot S. Schlissel is a father’s rights lawyer. He has been representing fathers for more than 45 years.custody and parenting rights advocates for fathers

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Boyfriend’s Parental Rights Maintained

June 14, 2014 By

father's rights lawyerIn a case of first impression, Matter of A.S. v. B.H., a mother brought an application seeking to set aside an acknowledgment of paternity which had been signed by her boyfriend. The mother claimed after the acknowledgment of paternity was executed, she performed a home DNA test and found out the boyfriend was not the child’s biological father. The mother claimed the child, who was three years old, had special needs and was incapable of bonding with the father. She therefore claimed the father should have no parental rights with regard to the child.

Child’s Bonding with Father

Family Court Judge Michael Hanuszczak found the mother’s argument concerning the child’s bonding ability, “exaggerated and self serving.” He also found her assertions concerning the issue of bonding to be speculative. He went on in his decision to state “under [the mother’s] line of reasoning, a special needs child…would be denied a father if the mother did not lend her approval to the relationship.” He further stated “in cases involving the best interests of a child the court looks beyond any limitations of the child to determine whether a parental relationship exists.”

Family History

The mother and boyfriend had a relationship from time to time. The boyfriend had signed an acknowledgment of paternity when the child was born in December 2011. The mother was unsure of whether the boyfriend was actually the biological father of the child. There was testimony that showed the boyfriend was involved in the raising of the child during the period of time the parties lived together. The boyfriend and the child developed a relationship with each other until such time as the boyfriend’s relationship with the mother soured. She then cut off his relationship with the child.

The Judge’s Decision

Judge Hanuszczak in his decision, ruled it was not in the child’s best interest to vacate the acknowledgment of paternity. He also saw no reason to order the child, who had bonded with the boyfriend, not be allowed to have a relationship with the boyfriend because a situation had been created where it was in the child’s best interest to maintain that relationship. The boyfriend was the only father figure this child knew. The attorney for the boyfriend stated “my client was able to show that he was the sole father figure in this child’s life and to remove him would destroy the parent child relationship.”

Conclusion

This decision is a victory for father’s rights.parental rights advocate

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New York Family Court Keeps Jurisdiction Over A Child in Virginia

June 10, 2014 By

father's rights attorneysAn appeals court (Third Department in upstate New York) has recently held pursuant to New York Domestic Relations Law section 76-a, a Family Court located in New York State had continuing jurisdiction over a child until neither the child nor the parent of the child had a significant connection to the State of New York and there was no longer substantial evidence in New York State concerning the child’s protection.

History of the Case

Angela Lawrence and Guy Belcher had two children, a son born in 1999 and a daughter born in 2001.  They were divorced in the State of New Hampshire in the year 2005.  After the divorce, Guy Belcher moved to the State of New York.  He brought a custody case in the year 2007.  Pursuant to the decision in the custody proceeding, he received custody of his son and visitation with his daughter.  The daughter thereafter moved to Virginia to live with her mother.

Belcher eventually sought sole residential custody of his daughter in 2011.  In his petition for custody, Belcher claimed his daughter was being physically abused by her stepfather.  He also claimed the stepfather had physically abused his son while his son was visiting with his mother in Virginia.  Family Court Judge Courtenay Hall initially awarded the father temporary custody of the daughter but thereafter overruled herself.  She found the court in New York lacked jurisdiction to make any determination with regard to the case.  Guy Belcher appealed to the Appellate Division of the Third Department.

Appeals Court Decision

The appeals court held “initially, that the Family Court erroneously found, because its prior order addressed custody only with respect to the son, that the court did not have continuing exclusive jurisdiction as to the issue of custody of the daughter. ‘Child custody determination’ is defined, however, as ‘a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child’.”  This is pursuant to Domestic Relations Law section 75-a.

The appeals court took the position since a New York Family Court had entered a ruling with regard to visitation in the year 2007, it continued to have exclusive jurisdiction with regard to this matter.  The court cited in its opinion, the daughter had continued to visit with her father in New York during vacations and holidays.  The court’s decision stated “the son allegedly witnessed the abuse committed upon the daughter and was himself the victim of abuse and neglect.”  “Furthermore, the father witnessed the bruising and other injuries suffered by the daughter, and possesses evidence regarding a conversation he had with the mother following the incident in which she purportedly stated that the physical abuse was ‘no big deal and well deserved’.”

Conclusion

In the end, the appeals court simply felt New York was the “more appropriate and convenient forum” to make necessary decisions with regard to this case.advocate for father's rights and custody

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Using Forensic Psychologists As Experts In Custody Cases

May 30, 2014 By

father's rights lawyerIn a custody case, each parent seeks to prove to the court that it is in the child’s best interest that they receive residential custody of the children. To accomplish this goal, evidence must be submitted establishing that the parent advocating for custody is actually the parent that would provide a better, nurturing life situation for the children.

How is this done? One of the ways of establishing one parent being a better parent or having better skills to raise the children is to cause both parents to be evaluated by a forensic expert with the hope each parent’s expert comes down on their side for custody. It is important to utilize a forensic expert to avoid each of the parents telling the judge why he or she is the better parent. Although this can provide the judge with some material that would enable him or her to make a decision, it is generally not sufficient. A forensic expert’s testimony can back up a litigant’s arguments and statements, they would be the parent to enhance the children’s lives and therefore they should be awarded residential custody of the children by the court.

How Do Forensic Experts Operate?

The forensic psychologist will usually have a series of interviews with each of the parents. In addition, the forensic psychologist will interview the children separately and usually in the custody of each of the parents. The forensic psychologist will also have the parents take a variety of psychological tests. In addition, the expert will look into issues as to whether the parents have drug or alcohol problems, have a history of abuse or neglect, and investigate other issues with regard to the parent’s abilities to raise the children. In addition, the forensic experts will usually interview any third parties who reside with each of the parents. The forensic expert seeks to observe each parent’s interaction with the children during their interviews while the child is present. Forensic experts will also review court records and other information related to the case. In some situations, a forensic expert will review school records and speak to the children’s teachers.

Custody Decisions

The forensic expert makes recommendations to the judge handling the custody case. The judge, based on evidence submitted in court, the testimony of the parties and third parties, and the report submitted by the forensic expert renders a decision as to who should be the residential custodial parent of the children. The basis of the court’s decision is what would be in the best interests of the children. Courts look into the quality of the home environment and the level of parental guidance each parent can provide for the children. Courts also look into each parent’s ability to provide for the children’s emotional, intellectual, financial and developmental needs. Courts also take into consideration which parent would do a better job promoting the other parent’s relationship with the children. It is the duty of a residential custodial parent to promote the relationship of the children with the other parent.

Unfortunately, judges are trained in the law and not trained to evaluate parenting skills. Some judges rely very heavily on the reports of forensic evaluators, while others take them into consideration but don’t give them as much weight. Deciding who should become the custodial parent is a difficult task. Judges usually pressure the parents to try to resolve the issue on their own. They may suggest a joint custody arrangement to be negotiated out of court. However, if the parents can’t agree, they are entitled to a trial and the judge will determine who should receive residential custody of the children.custody advocate for fathers

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