Parental Alienation and divorce

Parental Alienation and divorceParental alienation sometimes can occur in divorce situations. Parental alienation refers to an attempt by one parent to brainwash their children into having negative feelings towards the other parent. Studies have shown parental alienation can take place in as many as 15% of all divorces.

Parents Badmouthing Each Other

Although divorces can be contentious, aggravating and emotionally debilitating, it is extremely important parents do not actively discuss the negative aspects of their divorce litigation with their children. They should avoid saying negative things about their spouses when their children are present. This can have a negative effect on the child’s relationship with the other parent.

Children Respecting Their Parents

Children should love both their parents. They often have problems dealing with the breakup of the relationship of the parents with each other. If the children have coping problems with regard to this issue, counseling may be necessary to help the children to deal with their new situation in life.

Parents should educate their children to speak to the other parent in a respectful, appropriate manner. Children should not denigrate one parent to the other. Even though the parties are not married, they still must work together to raise their children. By having the children denigrate or disrespect one of the parents will have a negative impact on both parents ability to raise the children.

Parents who seek further information on parental alienation, child custody issues or co-parenting can contact Elliot S. Schlissel, Esq. at either Elliot@sdnylaw.com or he can be called at 800-344-6431.  Elliot has been practicing matrimonial and family law for more than 40 years.

What Your Children Should Know About Your Divorce Case

What Your Children Should Know About Your Divorce CaseParties to divorce cases should not during the course of the divorce discuss these proceedings with their children. However, after the divorce is concluded there is some information that should be passed on to children.

Children Should Not Be Blamed For The Divorce

Children sometimes feel their actions and activities are partly to blame for their parents getting divorced. Children naturally love both of their parents. The breaking up of the marriage can cause the children to be stressed. It is important that both parents make it clear to the children they had no fault in causing their parents to be divorced. Divorces take place for many different reasons. Both parents should help the children avoid feeling they caused the divorce.

The Parents Will Have Separate Residences

The children should be made aware that as a result of the divorce the parents will be permanently occupying different residences. If the children believe the parents may be getting back together, they may cling to this issue, or seek to help the parents get back together. The parents should make it clear to the children the divorce is final and the parents are going to be moving forward separately with their lives.

Both Parents Still Love The Children

It is extremely important the children be made aware that both parents still love them very much. The divorce is not their fault and it should not interfere with their love and relationship with both of their parents.

Both Parents Will Be Spending Time With The Children

There is often a settlement agreement or an agreement in a transcript in divorce cases. These agreements are incorporated by reference into the Judgment of Divorce. The details with regard to each parents’ parenting time with the children are included in these documents. The children should be made aware each of the parents have a right to spend time with them, participate in activities with them and be generally an affirmative part of the children’s lives.

About the Author

schlissel-headshotElliot S. Schlissel, Esq. is the managing partner of Schissel DeCorpo LLP.  The firm represents parties in divorce lawsuits and Family Court cases throughout the Metropolitan New York area.  The firm offers free consultations and can be contacted at  800-344-6431 or e-mailed at Elliot@sdnylaw.com.

Neglect Finding Against Mother

Neglect Finding Against MotherIn a case in the Family Court before Judge Michael Milsap sitting in the Bronx County ACS had filed a petition against the mother. The petition claimed the children were neglected by the mother. The petition alleged that the children were neglected because the mother allowed the children to be present when a significant other engaged in domestic violence against her.

Order of Protection Issued

The mother had an order of protection requiring John to stay away. The mother denied knowledge of prior incidents of alleged domestic violence against her. In addition, the mother denied knowledge that she had an order of protection against John.

Flawed Parental Judgment

The court ruled that the mother showed “flawed parental judgment”. She allowed John to contact her with the children present. The court entered a neglect finding against her with regard to inadequate supervision and guardianship. The Judge found that by allowing the children to be exposed to domestic violence in spite of the existence of an order of protection was the basis for his finding against her.

Conclusion

When there is an order of protection against a third party the parents of children have an obligation to enforce the order of protection. If they don’t and that individual had been engaged in domestic violence acts, the parent who is the victim of domestic violence can be found to be neglectful of their children. In this case ACS was successful in proving the mother neglected her children.

schlissel-headshotElliot S. Schlissel, Esq. is an attorney who represents clients in ACS and CPS matters throughout the Metropolitan New York area. He can be contacted for a free consultation at 800-344-6431 or by e-mail at Elliot@sdnylaw.com.

Post Trial Applications need to go to the Appellate Division

Post Trial Applications In a case before Justice Jeffrey Goodstein, who sits in the divorce Supreme Court part in Nassau County, a husband brought an application to set aside a provision in a 2017 court decision after trial awarding a wife a $226,042.00 money judgment for support arrears. He also sought to modify the court’s decision crediting him for $200,907.68 in support payments. The court allegedly failed to give him the appropriate credit among other things.

The Wife’s Position

The wife opposed the husband’s application. She brought a cross-application to allow her to trade cash assets awarded her in exchange for the husband’s equity in the marital residence. She claimed it was essential for the parties’ special needs son to remain in the marital residence, to stay in the same school district, keep his friends and maintain the same routine.

The Trial Judge had Retired

Justice Goodstein, in a matter of first impression, ruled that under the circumstances presented in this case the prospective of a trial judge, now retired, was essential to the appropriate evaluation of the parties’ motions. Since the trial judge was retired, Justice Goodstein found he had no authority to rule on these post trial motions. The decision regarding all financial issues was resolved by the decision after trial. Therefore, under both statutory law and case law any change or challenge to the trial court’s decision would have to be made to the Appellate Division, an Appeals Court. Only the Appellate Division could determine if the modification of the trial court’s decision was appropriate. He therefore denied both parties’ applications.

Conclusion

In this case there were issues that should have been dealt with before the original trial judge. Parties in divorce cases should always resolve all issues when they settle or take a case to trial.

schlissel-headshotElliot S. Schlissel has been representing parties in divorce and family court cases in the courts throughout the Metropolitan New York area for more than 35 years. He can be reached at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.