Appellate Court Overrules Trial Court’s Decision Giving Mother Sole Custody

May 28, 2014 By

father's rights lawyerThere was a marriage between Melissa C.D. and Rene I.D. in 1990. Three children were born from the marriage. A fourteen year old daughter, a five year old daughter, and a seventeen year old son. The parties lived together until October 2010.

In a proceeding in November 2010, acting Supreme Court Justice Ann O’Shea awarded Melissa sole residential custody of the parties’ daughters. She made this ruling in spite of the fact the fourteen year old child wanted to continue to live with her father. Judge O’Shea’s decision was based upon her finding the daughter’s best interests were to have no contact with her father or brother for six weeks after moving. Although Justice O’Shea awarded physical custody to Rene, she gave the parties joint decision making authority with regard to all issues concerning healthcare and education. However, in the event of a dispute between the parties Melissa was to have the tie breaking authority to make the final decision.

Children Alienated

The basis for Judge O’Shea’s decision was her ruling that Rene had alienated the older children. She found the alienation related to Rene making inappropriate comments about Melissa. Judge O’Shea found that as a result of the parental alienation of the two older children, they were “vindictive, cruel, angry and broken children.” Judge O’Shea understood the oldest daughter would not be happy with being forced to live with her mother against her wishes. However, in her decision she stated this was “temporary and far less emotionally destructive than abandoning her to an unfit parent which may leave her with permanent emotional scars.”

Appeals Court Decision

The appeals court found although Rene had made inappropriate comments with regard to Melissa, Judge O’Shea’s ruling was incorrect. They found she was “placing undue emphasis on a single factor, the father’s alleged alienation” of the two children. The appeals court found the decision was not in the oldest daughter’s best interest. The appeals court stated in its decision this would “disrupt her life by removing her against her wishes from her father and brother in Manhattan, where she had always lived, and placing her with her mother and her mother’s lover, a situation that she is not comfortable with, on Long Island, in a community that she does not know.” The appeals court felt Judge O’Shea did not take into consideration Melissa’s inappropriate behavior. The court found Melissa’s inappropriate behavior was a factor in the children’s feeling of abandonment and anger. In addition, the appeals court panel took into consideration a court appointed independent, forensic evaluator at the time of the trial had testified there was no evidence the two older children had been alienated by the father. The appeals court also advised the father to be careful as to what he says to the children in the future. His obligation will be to promote the relationship between the children and the mother.

Conclusion

advocating father's rights on Long IslandThis was a victory for father’s rights.

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Father’s Rights in 2014

May 22, 2014 By

father's rights attorneysToday more and more fathers are obtaining custody of their children. The bygone days when there was a presumption that the father was the bread winner and the mother took care of the children and should receive custody are long gone. In the State of New York, fathers have equal rights to custody of their children. In most families today, both parents work to help support their family. More and more fathers are involved with the day to day affairs of taking care of and nurturing their children. Family dynamics have changed significantly in the last decade.

Fathers Matter!

Fathers play an important role in their children’s lives. If the father seeks to have custody of his children, he should use due diligence and hire an attorney who is experienced and knowledgeable with regard to advocating on behalf of fathers. Both fathers and mothers bond with their children. Recent studies show that children who do not have a father in their lives are subject to a variety of negative effects. Some of these effects are: (1) Children who do not have guidance from their fathers have a higher school dropout rate. (2) Children raised in families without the benefit of a loving father use illegal drugs on a greater basis than children who are raised in a family that has both a father and a mother in it. (3) There is a greater percentage of children raised in a fatherless family, committing acts of domestic violence.

Fathers help their children develop traits that allow them to be successful during their life. Fathers who are prevented from having quality time for visiting with their children should fight to protect their rights. An experienced father’s rights attorney will be able to analyze a custody or visitation case and provide the father with a road map to protect his rights and achieve a greater possibility of success in the case.

Helping Fathers in Custody and Visitation Problems

Our office works with fathers regularly concerning issues regarding custody and visitation. There are many issues fathers face when litigating custody and visitation matters. There are a variety of situations that can create a negative impression of a father by the courts. Some examples of these situations are the father moving out of the house where his children reside, failing to aggressively pursue employment, failing to fight made up charges of domestic violence alleged by the mother, and failure to maintain a regular form of contact, communication and presence in their children’s lives.

Children’s Best Interests

Decisions concerning custody and visitation by judges take into consideration the children’s best interests. The father’s rights lawyers at the Law Offices of Schlissel DeCorpo are available to speak with fathers who have issues concerning their children seven days a week. Call for a free consultation at 516-561-6645, 718-350-2802 or 1-800-344-6431.experienced father's rights advocate

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Father Denied Custody – Custody Given to Wife

May 20, 2014 By

father's rights lawyerAn action for divorce was brought in Westchester County. A judge granted the plaintiff, wife, a judgment of divorce. The parties had two children from the marriage. They had settled all issues concerning who was going to pay the marital debt and any equitable distribution of marital assets. The court was faced solely with the issue of who would receive custody of the children of the parties.

Justice Linda Christopher rendered a decision that the mother was more willing to allow and encourage access, and to promote a positive relationship between the children and the father. In addition, there were allegations of domestic violence and issues with regard to the mental stability of the parties.

Father Acts Inappropriately

Justice Christopher noted in her decision the father did not allow the children to go to the mother’s place of residence until the mother obtained a court order regarding this matter. In addition, she found the father was a controlling individual. He had demeaned the mother in front of the children. In addition he had, without cause or justification, called the police on the mother and advised her she was nothing more than a nanny to his children.

Sole Custody Awarded to Mother

The court awarded the mother sole custody. However, pursuant to the custody order, the mother was obligated to enroll in and remain in a psychotherapy program to help her with her physical displays of anger which had been directed to the father.

Conclusion

Courts take seriously the issue of the residential custodial parent providing a nurturing and positive relationship between the children and the other parent. In this case, the court found the mother was more likely to take this action even though she had anger management issues.

best interest of the childrenElliot Schlissel is a father’s rights attorney. His office helps fathers obtain extensive parenting time (visitation), and custody of their children.

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Wife’s Application in Divorce Lawsuit to Punish Husband Fails

May 15, 2014 By

dad's attorney on Long IslandIn the case of Steineger v. Perkins, special referee Louis Crespo sitting in a Family Court Part in New York County had a case before him in which a plaintiff wife alleged that her husband had failed to produce documents necessary for the prosecution of divorce and therefore should not be allowed to present evidence with regard to financial issues regarding the case. The wife brought an application to preclude the husband from offering any evidence or testimony of any type at the trial concerning financial issues. In addition, she brought an application for attorney’s fees and monetary sanctions against the husband. She claimed the marital estate held millions of dollars in it. She also claimed the defendant’s allegations that these funds were his separate property was untrue.

Separate Assets

The defendant husband took the position that yes he had millions of dollars in separate assets. These assets were all accumulated prior to his marriage to the plaintiff and were not subject to equitable distribution in a divorce.

Special Referee Crespo, in his decision, found the testimony of the wife, plaintiff, did not support her claim her husband had intentionally failed to produce documentation of his assets. He also didn’t find she had been prejudiced by the husband’s actions. Special Referee Crespo reached the decision the wife did not meet her burden of proof in showing her husband had purposely or willfully failed to produce documents or that he was engaging in the type of conduct which would prevent him giving testimony or introducing evidence at the time of trial. The court noted in its decision since the wife had not met her burden of proof she was not entitled to preclude the husband’s introduction of financial testimony into evidence. In addition she was not entitled to either attorney’s fees or monetary sanctions against the husband.

Conclusion

If you cooperate with the court and provide the appropriate information, courts won’t punish you.

father's rights advocate Elliot S. Schlissel represents fathers in custody cases and with regard to issues regarding child support. He has been referred to as the dad’s attorney.

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Fathers Have Equal Rights To Obtain Custody of Their Children

May 7, 2014 By

father's rights lawyerCan a father realistically obtain custody of his children in New York? Are custody cases open and shut with a pre-conceived vision by the judges that mothers are always the superior parent? Does the law in New York recognize a mother should get custody of her children unless the father can show she is an unfit mother? Are children better off being raised by their mother? The answer to all these questions is NO! Fathers in New York State have equal rights to obtain custody of their children. The laws do not favor mothers! The laws in New York concerning custody are gender neutral.

Who Decides Custody Cases?

The short answer to this question is, a judge. There are no jury trials in custody cases. All child custody cases are resolved by judges. There are two courts in the State of New York that deal with child custody issues: the Supreme Court and the Family Court. The Supreme Court and the Family Court both have jurisdiction to deal with custody issues. Supreme Court judges resolve custody issues in divorce cases. Family Court judges resolve custody issues in situations where the parents are not married to each other or if the parents are married when one of the parents, who initiates the proceeding, elects to go to the Family Court and resolve the issue of custody.

Custody and Child Support

The parent who is awarded custody by either a Family Court judge or a Supreme Court judge is entitled to child support from the other parent to help him or her support the children.

Custody Litigation: Winners and Losers

The large majority of custody cases are resolved without trials. In most situations, the parents of children, working in conjunction with their attorneys, settle custody issues. A common way of resolving custody disputes is for both parents to have joint custody. However it should be pointed out, even in joint custody situations there is one residential custodial parent and the non-residential custodial parent must pay child support to the residential custodial parent.

Sole Custody

Sole custody is where one parent has exclusive custody of the children. The other parent has visitation with the children (now referred to in the politically correct term of parenting time). In sole custody situations, the residential custodial parent has control over his or her children’s lives and makes all major decisions on behalf of the children.

Custody Litigation Can Be Emotionally Charged

If you are involved in a custody dispute or your spouse is preventing you from seeing your children, you need the most experienced, well versed attorneys you can find. The lawyers at the Law Offices of Schlissel DeCorpo, for more than 45 years, have been helping fathers obtain custody of their children and also obtain extensive parenting time with their children when the mother is the residential custodial parent. Our phones are monitored 7 days a week. Call us if you have a problem.custody assistance for parents

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Court Rejects Father’s Lack of Jurisdiction Arguments

May 1, 2014 By

father's rights advocateA husband brought an action to vacate a judgment of divorce taken on default against him. He also asked the divorce lawsuit be dismissed in its entirety. He claimed there was fraud involved in the lawsuit and the court did not have jurisdiction to hear the case. There was a special referee appointed to handle the case. The special referee awarded the wife 100% of all of the family’s marital assets which she could produce evidence of. The referee rendered this decision in part based on her husband’s inappropriate conduct in hiding and dissipating assets. In addition, the court took into consideration the fact the husband destroyed evidence during the course of the divorce proceeding.

Bad Service of the Summons

The husband in the case claimed he was not properly served with the Summons with Notice. He therefore argued the court did not have jurisdiction to try the case involving him. Therefore the judgment entered against him on default needed to be vacated.

Referee’s Decision Upheld By The Court

Justice Rachel Adams sitting in the Supreme Court Divorce Part in Kings County, confirmed the decision made by the referee in this case. She rejected the husband’s arguments for vacating the default judgment. She stated the husband had filed bankruptcy on the day after he was served with the summons in the divorce lawsuit. In the bankruptcy proceeding he listed the pendency of the divorce case against him for purposes of getting it stayed by the bankruptcy court. (A stay is a temporary injunction preventing a case from going forward). Justice Adams, in her decision, pointed out the husband did not challenge the jurisdiction or personal service of the divorce proceeding within the confines of the bankruptcy proceeding. He also did not challenge the application to lift the automatic stay in the Bankruptcy Court to allow the divorce proceeding to proceed in the Supreme Court in Kings County. (Bankruptcy proceedings are brought in the United States Bankruptcy Court, a federal court. Divorce proceedings are brought in state courts. In New York State, they are brought in the Supreme Court Divorce Part.)

Husband Refused to Appear

Justice Adams stated in her decision the husband voluntarily, knowingly, and intentionally did not appear in his divorce case. He therefore defaulted. In addition, he refused to cooperate with regard to producing documents necessary for the prosecution of the divorce. Justice Adams denied the husband’s motion and found that he had knowledge of the pending divorce lawsuit.

Conclusion

If you get served with a Summons with Notice or a Summons and Complaint in a divorce action, don’t ignore it. If you do, your spouse can end up with 100% of all of the assets. That is the absolute worst result you can have with regard to assisting father's with custodyequitable distribution of assets in a  divorce.

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Father Given Sole Legal and Physical Custody of Children: He is Allowed to Relocate Back to Texas With the Children From New York

April 28, 2014 By

helping father's win custody There was recently an interesting case before Justice Lori Sattler who sits in the Supreme Court Part in New York County. A father and a mother had each brought petitions in a post judgment custody proceeding. Each of them sought sole legal and physical custody of the parties’ two children. The father presented in his moving papers there had been problems regarding his visitation with the children, especially during weekends and holidays. He claimed these problems arose right after the wife moved from Texas to New York. The wife, who had received custody of the children from a court in Texas, moved to New York several days after entry of the judgment of divorce giving her custody by the court in Texas.

Mother Alienates the Children Against Father

The father, in his moving papers, asserted the mother had been involved in a program of parental alienation of the children against him. He also argued in his papers the mother was an unfit parent. He claimed she was incapable of taking care of the children because she was continually abusing drugs.

Mother’s Arguments

The mother alleged in her papers the father had sexually abused his daughter. However, the court after reviewing the allegations and the evidence submitted regarding these allegations determined that this was not true. Justice Sattler found the mother to be less than honest in her testimony. She found there were inconsistencies in the mother’s testimony. Justice Sattler held the mother’s testimony created questions with regard to her ability to help develop a loving relationship between the children and the father. She concluded there was a change of circumstances since the entry of the judgment of divorce in 2011 by the court in Texas. She found this change of circumstance required she reevaluate what was in the children’s best interest.

Custody Modified

Justice Sattler determined a modification of the Texas custody order was warranted. She ruled the father was to receive sole legal and physical custody. In addition, she authorized him to relocate back to Texas because this was in the children’s best interests. Justice Sattler went on, in her decision, to state the father was more capable of providing the children with a stable and appropriate living environment. He was better suited to foster a relationship between the children and their mother.

Conclusion

custody for husbandsIn this case, the court found the father was the more stable parent and it was in the children’s best interests to live with the father in another state. The writer assumes the mother’s parental alienation of the children contributed to this judge’s decision to award the father sole legal and physical custody. The author of this article has been involved in dozens of cases where mothers have failed to promote the loving relationship between the father and the children. Alienating children against one parent damages the children. It is in children’s best interest to have two loving parents and not to be participants in a war of roses between the parents.

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Why Do It Yourself Divorces Are a Bad Idea

April 21, 2014 By

father's rights lawyersThere are a number of companies advertising on the internet do it yourself divorces. These companies are usually run by paralegals or individuals with computer experience. Generally the individuals involved with these companies are not lawyers. The companies provide forms which they claim were developed by attorneys. They claim that these forms are all you need to handle your own divorce.

Do It Yourself Divorce Forms Not Appropriate in All Cases

The forms by the do it yourself divorce companies may be accepted by some courts. However, these forms do not provide a divorce specifically designed for the circumstances of you and your family. These do it yourself divorce companies do not provide legal representation or legal advice. Sometimes by utilizing these forms you can do more harm than good to your family situation. Numerous individuals who have used these pre-prepared forms have made significant mistakes that cost them money, lost custody of their children, and resulted in their being forced out of their home.

Amicable Divorce

The large number of couples using these divorce forms are generally on good terms. They use these forms with the hope of saving money. However, very simple, uncontested divorces are those which are the least expensive to hire an attorney to handle.

Protecting your assets, receiving custody and/or visitation with your children, keeping your home, are among the more serious issues that you should utilize an attorney to protect your interests regarding. There are numerous assets subject to equitable distribution in divorce cases. These assets include homes, individual retirement accounts, 401(k) plans, pension plans, 403(b) plans, businesses, professional licenses, stocks, bonds and all types of other assets. Using pre-prepared divorce forms won’t help you protect your rights to a portion of these assets.

Medical Insurance

Medical insurance can be expensive. There are specific rules in New York with regard to each spouse having availability of medical insurance in the event of a divorce. Medical insurance is also important for your children. Divorce kits won’t help you concerning this issue.

Hidden Assets

Has your spouse provided you with information with regard to all of his or her assets? You are entitled to this information. You are entitled to receive a net worth statement from your spouse disclosing all of his or her assets.

Debts are another issue in a divorce. Who is going to pay the credit card bills, the personal loans, and the car loans? The divorce laws in New York deal with the allocation of these debts. An attorney who handles divorces would be in a position to see to it that your rights are protected concerning issues involving the payment of debts.

Child Support, Spousal Maintenance, Visitation and Custody

If you have children it is extremely important to protect your children’s rights to live up to the standard of living they experienced during the course of the marriage. Custody issues and visitation issues are very complex. If your spouse gets custody of your children will she be able to move to California, New Zealand or Puerto Rico? A properly drafted settlement in divorce will see to it that your spouse cannot move the children so far away that would interfere with your visitation.

There are numerous other issues such as Social Security benefits, Medicare, Medicaid, college expenses for children, child care expenses, day camp expenses, uncovered medical, dental, orthodontia, and so on.

Elliot S. SchlisselConclusion

I hope this article has opened your eyes as to why attorneys are important in representing clients in divorces.

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Husband Unsuccessful in Setting Aside Child Support Provisions in Divorce Agreement

April 17, 2014 By

father's rights attorneysA husband brought an application to rescind and declare null and void the portions of a parties’ settlement agreement which dealt with child support. He claimed the amount of child support in the settlement agreement was unsustainable and overreaching. The wife in this case brought a cross application to declare that the agreement was enforceable.

Judge Lawrence Ecker sitting in the Supreme Court Divorce Part in Westchester County stated in his decision the agreement was negotiated over a period of years. There was a mediation concerning issues involving custody, child support, equitable distribution, and spousal maintenance.

Capping Child Support Payments

The husband presented arguments that he was not properly advised that a court could cap child support payments. The attorneys for the wife claimed the husband did not properly assert allegations of fraud or duress in his motion to set aside the settlement agreement and therefore he was actually arguing that he was misled by the mediator and his attorney.

Husband Participated in Negotiations

The court took into consideration the husband was a smart businessman and a financial expert. Judge Ecker found the husband participated in the negotiation of the settlement agreement. The husband’s emails were presented in support of these allegations.

Judge Ecker also noted in his decision there was no obligation for a judge to cap the combined parental income at $136,000 or any other specific amount. The court in its decision found the husband had obtained competent counsel. His attorney had actively participated in negotiations with regard to the settlement agreement. The husband had voluntarily entered into the agreement and the agreement was valid and enforceable. The court rejected the husband’s claim in its entirety. The court held the wife had established she was entitled to a judgment of divorce, the stipulation of settlement was valid and enforceable and therefore granted her summary judgment motion for a divorce.

father's rights advocateConclusion

The husband made a good try at setting aside the agreement but unfortunately his argument was weak and not substantiated by statutes or caselaw.

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Father Named Son’s Guardian

April 15, 2014 By

father's rights attorneySurrogate John Czygier Jr. sitting in Suffolk County recently had a case before him involving a developmentally disabled child. A father had brought a proceeding to be appointed the guardian of his son, Nicholas. The child’s mother took the position Nicholas didn’t need a guardian because he wasn’t developmentally disabled.

A Hearing Was Held

Surrogate Czygier held a hearing to determine whether Nicholas was a developmentally disabled individual who required a guardian be appointed. When it was established that Nicholas needed a guardian, the mother then took the position she should be named her son’s guardian. The mother made it clear, to the court, she intended to move to Florida whether or not she was appointed as Nicholas’s guardian. She also made it clear she was moving to Florida with or without her son.

Guardian Ad Litem for Child Favors Father

A guardian ad litem was appointed to represent Nicholas (a guardian ad litem is an attorney who is appointed to protect a child or incompetent). The guardian ad litem made a recommendation that the father was the more appropriate parent to be appointed by the court as the guardian for Nicholas.

The Judge’s Decision

Judge Czygier, in his decision, took into consideration the father had worked to enhance Nicholas’ life. The father also understood and maintained realistic concepts concerning his son’s disability. The court also took into consideration the fact that if Nicholas was relocated to Florida with the mother it would interfere with the father’s current relationship with his son. Judge Czygier stated in his decision although the mother had been the primary caretaker of Nicholas up until that point in time, he doubted her fitness to be Nicholas’ guardian. The court therefore determined the father was the more fit parent to be the child’s guardian. The judge’s decision stated the father was more likely to see to it that Nicholas was able to maintain a relationship with his mother. The father’s petition for guardianship was therefore granted by the court.

helping fathersElliot Schlissel has been protecting father’s rights concerning guardianship, custody, and child support issues for fathers throughout the Metropolitan New York area for more than 45 years.

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