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Parental Alienation

Parental-Alienation

Parental alienation is inappropriate behavior by one parent whether it be the father or the mother which is designed to have a negative impact on the relationship between the children and the other parent. It can be considered a type of brainwashing. Parental Alienation is the manipulation of children by one parent for the purpose of preventing or destroying a warm and loving relationship the children have with the other parent. Parental alienation is harmful to the children. Parental alienation has been known to cause both emotional and psychological damage to children. The parent that is victimized loses his or her ability to maintain a relationship with the children through no fault of his or her own. In some cases allegations of sexual or physical abuse are part of the parental alienation scheme.

Parental Alienation Syndrome

A child subject to parental alienation often develop parental alienation syndrome and develop an intense dislike for one of their parents even though there is no logical reason for the child’s behavior to that parent. If you suspect the other parent is engaging in parental alienation, you should take immediate legal action to stop this inappropriate conduct. The longer the parental alienation continues on the more difficult it is to get the child back on the right track.

Custody Lawsuits and Parental Alienation

Parental alienation can be used as a method by a litigant in a custody case to have a negative impact on a parent’s ability to obtain custody of his or her children. If you suspect this is going on bring this to your attorney’s attention. This should be dealt with immediately to stop it from destroying one parent’s relationship with the children.

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If you are a victim of parental alienation or your children are being victimized, contact the law office of Schlissel DeCorpo LLP. We have been helping parents throughout the Metropolitan New York area to deal with parental alienation for more than 3 decades. We can be reached at 800-344-6431 or you can e-mail us at: Elliot@sdnylaw.com.

Changing Custody

Changing-Custody

Custody orders and judgments can be changed and/or modified. The standard for changing or modifying a custody order is to establish there has been a change in circumstances and this change in circumstances is sufficient to warrant a modification of the prior custody order. The change in circumstances must be of a substantial nature and it must be shown that modifying the custody order would be in the children’s best interests.

Jurisdictional Issues

Sometimes the prior custody order is amended by a court located in a different state. In these cases it must be established that New York is the appropriate jurisdiction for the proceeding to challenge the prior custody order. There are specific rules with regard to which state is the appropriate state to handle the new proceedings involving custody. You should contact an experienced child custody attorney to first determine whether you are bringing the custody case in the correct state and secondly as to whether you can establish a basis for a significant change of circumstances which would lead a court to modify the custody order you are challenging.

Enhanced Parenting Time vs. Children and Custody

Changing which parent is the residential custodial parent requires the party challenging the prior custody order be in a position to make a significant evidentiary presentation to the court supporting his or her allegations. However, to obtain greater parenting time (visitation) with children does not require establishing a change in circumstances up to the standard necessary for modifying a custody order. Therefore, in many situations it is more appropriate to show it is in the children’s best interest that they spend more time with the non-residential custodial parent. Both parents are usually in a position to enhance the lives of their children.

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Elliot S. Schlissel is a father’s rights lawyer with more than 30 years of experience representing father’s in child custody, visitation and parenting rights cases. He can be reached at 516-561-6645, 718-350-2802 or 631-349-8262 at his firm. He can be emailed at Elliot@sdnylaw.com. Schlissel DeCorpo LLP maintains offices in Nassau, Suffolk and Queens Counties.

Father’s Rights in 2018

From an historical prospective, mothers have been given the benefit of the doubt with regard to who would Father and daughter holding hands together.receive custody of the children. Today, however, this is not the case. Fathers are winning more and more custody cases. The courts can no longer assume the mother is the more appropriate parent to have custody of the parties’ children. The law in New York is gender neutral. In more and more custody cases the courts are carefully weighing the children’s best interests. This has led to fathers receiving custody in a larger percentage of the litigated custody cases.

Joint Custody vs. Sole Custody

If one parent is awarded sole custody by the courts in New York they have complete authority with regard to making all significant decisions in the children’s lives. In joint custody situations both parents have access to the children and both parents are supposed to communicate and cooperate with each other regarding significant decisions concerning the children’s lives. However, even in joint custody situations one parent is the residential custodial parent and the other parent is the non-residential custodial parent. The children live with the residential custodial parent. They attend schools located near the residential custodial parent’s home. In cases of joint custody sometimes one parent is given the ability to be the tiebreaker should the parents disagree on a particular issue involving the children’s health, education and welfare.

Equal Time with the Children

Our office strives to provide fathers whether they are the sole custodial parent or in joint custody situations with the ability Attorney Elliot Schlisselto spend as much time as is practical with their children. Fathers are a resource for their children. Children who have two loving parents develop better than children who only have limited access to one of their parents. Fathers provide children with a unique prospective to help them turn into well rounded individuals.

The law firm of Schlissel DeCorpo LLP have more than 100 years of combined legal experience in representing fathers in custody cases, support proceedings, downward modifications of child support, changes in custody proceedings and visitations proceedings. Our office offers free consultations and our phones are monitored 7 days a week. We can be reached at 516-561-6645, 718-350-2802 and 631-319-8262. We have offices in Nassau, Queens and Suffolk Counties. You can e-mail us at Elliot@sdnylaw.com.

Joint Custody Ordered by Court

Close Up Of Father And Sons Reading Story At Home

In a case in Westchester County Justice Susan M. Cateci sitting in the Supreme Court divorce part held both the mother and father should have joint legal custody of the parties’ children. During the course of the matrimonial lawsuit, the mother testified on multiple occasions the father engaged in both physical and verbal abuse of her. She claimed these incidents occurred while she was pregnant and also in the presence of the parties’ two (2) children. The father denied any history of domestic violence. However, the court found the mother’s testimony was credible and the judge believed there had been a history of domestic violence between the parties to the marriage.

The Judge’s Decision

Justice Cateci found the father was a loving parent. She also found he was interested in promoting the children’s best interests and he was involved in the children’s upbringing. The judge believed he should continue to play a significant role in the children’s lives. The judge felt he should be consulted with regard to decisions effecting the children’s health and wellbeing. Judge Cateci found the mother should have the final decision making authority but ordered she consult with the father about all significant issues concerning the children. In addition he ruled the parties should use the services of a parenting coordinator.

Conclusion

Attorney Elliot Schlissel

Even in cases where the father has been involved in domestic violence concerning the mother, he can still be very involved in his children’s lives and have a beneficial impact on their health and general well being.

Elliot S. Schlissel is a father’s rights lawyer who has for more than 3 decades has been representing fathers in custody proceedings throughout the Metropolitan New York area. He is available for free consultations and can be reached at 800-344-6431.

VIDEO: Joint Custody Cases

Elliot discusses a joint custody case.

Father Given Sole Legal and Physical Custody of Child

Close Up Of Father And Sons Reading Story At Home

A husband and wife were married in 2005. They had two (2) children born from the marriage. In 2015 a lawsuit for a divorce was commenced. During the divorce case Family Court offenses were filed by the parties each seeking Orders of Protection against the other. In addition, Orders of Protection were sought for the two (2) children who were 8 and 10 years old.

Justice Stacey D. Bennett sitting in the Supreme Court matrimonial part of Nassau County agreed to the request by the parties to transfer the Orders of Protection from the Family Court and consolidate these family offense petitions with the current divorce action which was before her.

Both Parents Seek Custody

Both the husband and the wife sought custody of the parties’ children. The custody issues focused around the wife’s alleged mental illness and her inability to take care of the children.

Judge Bennett awarded the father sole legal and physical custody of the children. She found he was the more suitable parent and it was in the children’s best interests to reside with their father.

Conclusion

Attorney Elliot Schlissel

Fathers can obtain custody of their children! Too often fathers come to me and start our discussions with: I understand it is almost impossible for a father to get custody. That is nonsense. The law in New York State is gender neutral. More and more judges are enforcing the law as it was written. The purpose of the gender neutral custody law in New York was to treat both fathers and mothers fairly and give custody, in contested custody situations to the parent who is best suited to take care of children and who would promote the children’s best interests.

VIDEO: Custody & Parenting Time for Fathers

Elliot Schlissel discusses the importance of parenting time for fathers.

VIDEO: Wife Held in Contempt for Violating A Court Order

Elliot Schlissel discusses a case in which a wife was held in contempt for violating a court order.

Parties Given Joint Custody and Joint Decision Making

Childs small hand in parents hand

In a custody dispute before Justice Matthew F. Cooper, sitting in Supreme Court of New York County, a mother brought a proceeding which claimed the father was argumentative, contentious and rigid. She alleged since the father was so difficult she could not co-parent with him. Therefore, she should be awarded sole decision making authority and also be awarded to have sole custody of the parties’ son.

The father also agreed that joint decision making was not viable. He argued that both he and the mother should each have final decision making authority. He claimed they should be deemed to have joint custody of their son.

Justice Cooper in his decision took into consideration what was in the child’s best interest. Justice Cooper’s ruling was it was not in the child’s best interest to have the father’s standing as a parent denigrated by designating him a non-custodial parent. He ruled the child’s best interests would be served if there was a shared decision making process. The judge rendered a hybrid decision that didn’t give either parent sole custody. He outlined in his decision that each of the parents was to have decision making authority in specific areas of their son’s general health, education, and well-being.

Conclusion

Attorney Elliot Schlissel

This court’s decision is an attempt to keep both parents who don’t get along, very involved with their son’s life. Unfortunately, my experience in situation of this nature is if the parents don’t put their child’s interest ahead of their animosity to each other, this judge’s decision will not work.

Father Awarded Sole Legal and Physical Custody. Mother Given Supervised Visitation Only

A father on hammock with his son

In a case before Justice Linda Christopher sitting in the Supreme Court in Westchester County, Judge Christopher dealt with a matter that shocked her consciousness. In this case the mother had left and hidden the parties’ children. The father was given temporary legal and physical custody of the children. The father brought an action seeking permanent legal and physical custody of the children. In his moving papers he claimed the mother kidnapped the children. He further claimed the mother attempted to suffocate the children. He claimed the mother tried to strangle her son. He claimed the mother had denied who she was for years.

Justice Christopher conducted a hearing on this matter. Testimony was submitted that shocked the Hearing conducted of the court. She found that the mother was unbelievable. The judge found the father was a credible individual capable of taking care of the children. Judge Christopher found there were instances of child abuse by the mother with regard to the parties’ children. She ruled that the mother was a potentially dangerous person to be around the children. She found the mother should only have supervised visitation with the children.

Father Given Sole Legal and Physical Custody

Attorney Elliot Schlissel

She awarded the father sole legal and physical custody of the children. She found this was in the children’s best interests. The mother was permitted to receive copies of school and health records; however she barred the mother from having information concerning the children’s schedule and details of the children’s’ daily life. She felt the mother posed a danger to the children.