Appeals Court Sets Aside Decision Giving Mother Sole Legal and Physical Custody of Child

May 10, 2015 By

A mother had brought a Family Court proceeding requesting sole custody of the parties’ child. The parties had initially been granted joint legal and shared custody of their child. They had also agreed to a “corrected” custody order. The Family Court after a fact finding hearing rendered a decision which found the father had twice violated the prior joint custody order. The Family Court therefore ordered the mother have sole legal and physical custody. The court had noted the father had failed to comply, pursuant to his own testimony, with the provisions of the joint custody order. The court therefore found they should not disturb the finding he was in willful violation of the court order. Based on this willful violation, the Family Court granted the mother’s petition giving her sole legal and physical custody of the parties’ child.

The Appeal

The father had appealed the Family Court’s decision. The Appellate Division of the Third Department, an appeals court, found the relationship between the mother and the father was not so acrimonious as to prevent them from having joint custody. The appeals court also noted the father’s basis for seeking sole custody stemmed not from an expressed inability to get along with the mother but was instead related to her stability. She had documented mental health and alcohol dependency issues. The appeals court in its decision stated neither the father nor the mother showed a sufficient change in circumstances which would cause the modification of the original custody order. The Family Court was therefore mistaken in awarding sole legal and physical custody to the mother. The appeals court reinstated the original joint custody order and sent the case back to the Family Court to work out the details.

Conclusion

Courts are becoming more and more attuned to protecting father’s rights to maintain relationships with their children.father's rights advocate

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Relocation Issues

May 5, 2015 By

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Elliot S. Schlissel is a father’s rights attorney who has been helping fathers maintain relationships with their children for more than 45 years.  He and his associates represent fathers in all aspects of matrimonial and family law.  Elliot can be reached for consultation by calling 516-561-6645, 718-350-2802 or by sending an email to schlissel.law@att.net.

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Father’s Parental Rights Terminated

April 27, 2015 By

father's rights advocateThe Family Court rendered a decision which granted a Department of Social Services (DSS) petition to revoke a suspended judgment against a father and permanently terminate his parental rights. The father appealed this decision to the Appellate Division of the Third Department (an appeals court).

The father had voluntarily given custody of his child to the Department of Social Services. In addition, he allowed a judgment for a one year order of supervision to be entered against him. Pursuant to this court order, he had to comply with certain terms and conditions established by the Department of Social Services for him to get his child back. Unfortunately, the father did not comply with the Department of Social Services’ requirements. The Department of Social Services took legal action and received the child from the father’s care and put the child back into foster care. Thereafter the Department of Social Services brought a proceeding claiming the father permanently neglected his children and as a result stated he was unfit to be a parent of this child and his parental rights should be permanently terminated.

The father, through his attorney, claimed his failure to undergo counseling with his fiancé was an inconsequential violation of the court order. These inconsequential violations should not result in the permanent termination of his parental rights to his child.

The Court’s Ruling

The Family Court ruled he was given sufficient opportunity to satisfy the conditions of the original suspended judgment. The court went on to state his failure to make meaningful effort to address the issues which caused his child to be taken away from him in the first place and placed in foster care caused the appellate court to find no basis to reverse the decision of the Family Court judge terminating the father’s parental rights. The court found that terminating the father’s parental rights was in the child’s best interest.

Conclusion

If the Department of Social Services either through Child Protective Services (CPS) or the Administration of Child Services (ACS), brings a proceeding for child neglect or child abuse against you, you should take it seriously. They have the power to bring proceedings to remove your parental rights and permanently take your children from you.lawyer who protects fathers

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Mother Prevented From Removing Child From The Country

April 24, 2015 By

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Elliot S. Schlissel is a father’s rights attorney.  He has been representing fathers in all types of family law matters and divorce issues for more than 45 years.   He and his associates work diligently to help fathers in custody cases, visitation proceedings, and in handling relocation issues to allow the fathers parenting time with their children.  Elliot can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

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An Appeal of An Order of Protection May Continue After The Order Expires

April 22, 2015 By

father's rights attorney Long IslandThe New York State Court of Appeals, the highest court in New York, recently ruled that the appeal of an Order of Protection which was issued by the Family Court can continue even after the Order of Protection expires. The Court of Appeals unanimously rendered this decision because they held the order, even after it expires, can carry “significant enduring consequences.” The decision by the Court of Appeals allows individuals who are unfairly named in an Order of Protection to have the opportunity to move forward with their appeal even when the Order of Protection has expired. Court of Appeals Judge Abdus-Salaam wrote in the Court’s decision “the appeal is not moot if an appellate decision will eliminate readily ascertainable and legally significant enduring consequences that befall a party as a result of the order which the party seeks to appeal.”

The Actual Case

The name of this case is the Matter of Veronica P. v. Radcliff A.. Veronica P. filed an application in 2009 for an Order of Protection against her nephew Radcliff A. She claimed he grabbed and pushed her in her apartment located in Manhattan. They were both living in the apartment at the time. The Family Court in New York County ruled Radcliff’s actions constituted second degree harassment and it gave Veronica a two year Order of Protection. This Order of Protection required Radcliff to stay away from her and not assault, intimidate or threaten her. Radcliff brought an appeal. Unfortunately, during the pendency of his appeal, the protective order expired. This was due to the fact the protective order was only for two years and appeals can take much longer than two years to be heard by the Appellate Courts. Judge Abdus-Salaam wrote, in the Court’s decision, the very fact the Order of Protection was taken out against Radcliff may lead another Court to readily discern Radcliff committed the offense. In addition she stated “armed with that information, the Court in a future case may increase the severity of any applicable criminal sentence or civil judgment against respondent [Radcliff].”

Long Term Impact of Orders of Protection

Judge Abdus-Salaam also stated in her decision the unchallenged presence of the Order on Radcliff’s record might lead an opposing party in a future lawsuit to use this protective order to impeach Radcliff’s credibility. The protective order is also likely to increase the chances that Radcliff would be arrested if he is accused of similar conduct in the future. In addition, it also may cause Radcliff to receive harsher penalties in the future if accused of similar conduct.

Orders of Protection can create “severe stigma. It can impact on business contacts, social acquaintances and other members of an individual’s family.”

Judge Abdus-Salaam went on to state “perhaps more importantly, potential employers may ask respondent whether an Order of Protection has ever been entered against him, and he may be ethically or legally bound to answer in the affirmative, significantly curtailing his chances of getting a job.”

Conclusion

Many Family Court judges in the Metropolitan New York area grant Orders of Protection to women based on either false allegations, flimsy allegations, or greatly exaggerated allegations against men. The Court of Appeals’ ruling now gives men an ability to purge their record long after the Orders of Protection have expired. This is an excellent decision protecting men’s rights. father's rights advocate on Long Island

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Constructive Emancipation Leads To Early Termination of Child Support Obligation

April 19, 2015 By

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Elliot S. Schlissel is a father’s rights attorney.  He has been representing fathers in child support hearings, custody proceedings, visitation agreements, and all aspects of matrimonial law and family law for more than 45 years.  Elliot and his associates may be reached for consultation at 516-561-6645, 718-350-2802, or by email to schlissel.law@att.net.

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Grandmother Gets Visitation of Child Moved to Florida

April 14, 2015 By

The Family Court of Rensselaer County, New York, granted a grandmother’s petition for visitation with her grandchild who had moved to Florida. The grandmother brought a petition for visitation concerning her grandchild. She claimed the mother and the grandchild had significant connections with the State of New York. She was able to present substantial evidence that the grandchild’s present and future welfare existed in the State of New York.

Mother Fights Grandmother’s Petition

The mother challenged both the grandmother’s right to have visitation with the grandchild and claimed the New York Court did not have jurisdiction to even hear the case. The Family Court of Rensselaer County, after hearing the case, decided the grandmother would have unsupervised visitation with the grandchild even though the grandchild was currently living in Florida.

The Mother Appeals

The mother appealed the case to the Appellate Division of the Third Department (an appeals court). In her appeal the mother claimed the Family Court should have dismissed the grandmother’s petition because New York did not have jurisdiction to handle the case. The Family Court judge rendered the decision to hear the case based on the fact New York was the home state of the grandchild for six months prior to the grandmother’s commencement of the visitation proceeding. The court took note the child moved to Florida only two months before the proceeding in the Family Court was initiated.

The Appeals Court affirmed the decision of the Family Court giving the grandmother visitation. The Appeals Court ruled the Family Court had both jurisdiction over the grandchild and the mother of the grandchild.

Conclusion

This is a case involving a grandmother living in Rensselaer County, New York obtaining unsupervised visits with her grandchild who now resided in the State of Florida. This case is an example of protecting a grandparent’s rights to maintain a warm and loving relationship with her grandchild.attorney for grandparents seeking visitation

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Malicious Mother Syndrome

March 31, 2015 By

In divorce situations, cases exist where the mother seeks to do more than just alienate the children from the father. In these cases, the mother takes action to have a negative effect on the father’s life. Examples of actions which can be considered Malicious Mother Syndrome involve making false allegations the father sexually abused the children: taking action to have third parties harass and/or assault the father; making up vicious lies and stories about the father and taking action to have a negative impact on the father’s employment.

Malicious Mother Syndrome and Parental Alienation Syndrome

Malicious Mother Syndrome goes beyond Parental Alienation Syndrome. The theory of Parental Alienation Syndrome has the mother turning the children against the father. This very often can relate to the mother interfering and/or preventing the father from having visitation or a loving relationship with the children. Malicious Mother Syndrome is different from Parental Alienation Syndrome because this involves attacking other aspects of the father’s life, health and well-being beyond the father’s relationship with the children. Malicious Mother Syndrome involves campaigns against the father. In many cases of Malicious Mother Syndrome, the mother tries to manipulate third parties to hate the father based on information and stories which are untrue or greatly exaggerated.

Inappropriate behavior common to both Malicious Mother Syndrome and Parental Alienation Syndrome involve the following actions taken by the mother

  • alienating the children from the father
  •   interrupting the father’s visitation with the children
  • preventing the children from having telephone or internet contact with the father
  • convincing the children the father doesn’t love them
  • making up lies about the father and convincing the children these lies are true
  • engaging in excessive litigation for the sole purpose of creating problems in the father’s life

Dealing With Malicious Mother Syndrome

The best way to deal with Malicious Mother Syndrome is to go on the legal offensive. Bring applications to the court showing the judge what the mother is doing and the negative impact it is having on the children and the father’s life. To be successful in these endeavors, it is important to hire an experienced attorney who has the time, the resources, and the knowledge to bring, through litigation, the mother’s improper activities to the court’s attention. If the attorney you are using is unsuccessful or unable to handle the matter, you should find a more experienced, more capable attorney to bring these inappropriate actions to the court’s attention.attorney for fathers on Long Island

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Challenging Unfair Orders of Protection

March 20, 2015 By

father's rights attorney Long IslandA woman can simply go into court, make a presentation, and under certain circumstances, obtain an Order of Protection against you. You may find out about the Order of Protection when you get served by a sheriff with the order. So, what do you do? What you shouldn’t do, is violate the terms of that Order of Protection. Even if you feel it is based on false, inaccurate, or even made up allegations, you would be committing a criminal act if you were to violate an Order of Protection.

Taking Quick Action

Temporary Orders of Protection can be set aside if quick legal action is taken. In the event the accusations made against you are untrue, or there is insufficient evidence to support the allegations, you can be successful in setting aside Orders of Protection. In certain circumstances you may be able to show you were not even present when the alleged event took place. Alibi witnesses can be utilized in these situations to convince the court you were not involved in the alleged incident.

You can also show the court the purpose of the Orders of Protection did not relate to the individual taking the order out against you fearing for her life, health, or well being. You may be able to show the other party’s application for the Order of Protection was part of a legal strategy involved in either a custody or divorce case. Sometimes, Orders of Protection are preliminarily taken out to get a step up on the other individual in these types of proceedings.

Fighting Orders of Protection

The best way to fight an Order of Protection is to hire a qualified, experienced attorney who handles divorce and family law cases. Attorneys who do this type of legal work are generally familiar with litigating issues involving Orders of Protection. At the time you interview a prospective attorney regarding an Order of Protection, you should discuss with him or her the level of experience they have in handling these types of proceedings.

Order of Protection proceedings can be brought either in the Family Court or in the Supreme Court during the course of a marital dispute. The sooner you contact a qualified Order of Protection defense lawyer, the more likely you will be able to succeed in getting it dismissed. father's rights advocate in New York

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Dueling Custody Petitions

March 17, 2015 By

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Elliot S. Schlissel is a father’s rights attorney who has been representing fathers for more than 45 years in all aspects of family law court proceedings.  He handles custody matters, visitation agreements, divorce cases, and child support issues.  Elliot and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

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