Father Granted Physical and Legal Custody of Daughter

February 21, 2014 By

father's rights attorneyJudge Michelle Schauer sitting in the Family Court in Westchester County recently dealt with a difficult custody case. The father and mother of the child, Madison, were not married. Both of them had submitted applications to the court for sole legal and physical custody of their daughter. A custody agreement was worked out. The agreement had a parenting plan in it. Shortly after the agreement was executed, the father brought a proceeding in the Family Court of Westchester County before Judge Schauer claiming the mother had violated the terms of the parenting plan contained in the custody settlement agreement.

Mother’s Behavior Concerning Child Questioned by Court

Father alleged that the child’s day care provider had raised serious concerns about the mother’s behavior at the time her diaper was being changed. An investigation was undertaken by the Administration for Children’s Services. The investigation determined that the allegations regarding sexual abuse of the child were unfounded. In spite of this determination, Judge Michelle Schauer granted the father temporary custody. The mother had argued that there was no change in circumstances involving the child, Madison, that would suggest that a temporary change in custody was needed. However, during the course of the proceedings, the mother’s older daughter revealed to a teacher that she had been molested. An issue was presented to the court that because of her being molested she might become a perpetrator who would sexually molest Madison. The court felt the mother had exhibited a complete inability to recognize and deal with her older daughter’s serious emotional problems. The judge stated in her decision this was a significant factor in making a determination it was in Madison’s best interests to give custody to the father. The court specifically found the father was the more fit parent. He was granted sole legal and physical custody of Madison. The mother was granted visitation with the child.

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Child Abuse and Child Protection Agencies – Part II

January 2, 2014 By

father's rights lawyerScreening by Child Protection Agencies in New York

Although child protection agencies in New York do conduct screenings, they have a tendency to send social workers and investigators out in almost every potential situation. Parents do not understand once the system starts an investigation against them, the agency will either come up with a report that child abuse or child neglect is “indicated” or child abuse or child neglect “is not indicated”. In the event a report is “indicated”, the agency can bring a child abuse or child neglect proceeding in the Family Court. In addition, the agency will file the report in Albany and a permanent record will be made.

Appealing Child Abuse or Neglect Findings

Parents have 60 days to file an appeal challenging the decision that they have been “indicated” for child abuse or child neglect. Sometimes parents do not understand the long term impact of being in a child abuse registry in Albany. These reports can impact on the types of jobs the parents can obtain in the future. It can cause them under certain circumstances to lose their jobs. It also creates a problem in the event there is a second or later report filed against them. This could cause the removal of their children from their home.

Dealing With Findings of Child Abuse or Child Neglect

In all situations where a parent has a report filed in Albany against them and they feel the information is untrue, incorrect or unfair, they should immediately retain an attorney experienced in handling child abuse allegations to protect their rights and have the report changed from indicated to not indicated.

Mandatory Reporters of Child Abuse

There are various categories of individuals that have a legal obligation to report child abuse or child neglect in all situations where they feel it may exist. This group of individuals includes teachers, school personnel, all healthcare workers, doctors and nurses, child care providers and members of all types of law enforcement agencies. When allegations of child abuse are made by mandatory reporters, the reports are taken more seriously than those made by anonymous phone callers.

advocating the best interests of the childElliot S. Schlissel is a father’s rights attorney with more than 45 years of experience protecting father’s rights regarding claims of child abuse and child neglect.

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Child Abuse and Child Protection Services Agencies – Part I

December 31, 2013 By

Most child abuse allegations coming into the Child Protection Services (CPS) on Long Island and Association for Child Services (ACS) in the City of New York come in by anonymous phone calls on child abuse hotlines. On a national basis, about 3.5 million reports of child abuse are made each and every year. Child protection agencies are supposed to sort out which of the claims being made are credible and which are phony or trivial. The large majority of states have a screening process to determine which claims of child abuse should be followed up and which should be ignored.

Child protection agencies have the job of seeing to it children are protected. However, what child protection agencies shouldn’t do is intervene in the private lives of families where there is actually no child abuse. Unfortunately, in the State of New York, child abuse investigative agencies err on the side of caution in almost all cases. Part of the reason for the overly aggressive behavior of child abuse investigators has to do with the fact that they are forced to make significant decisions regarding the health and welfare of children with limited information being provided to them.

Child Abuse Investigations

Upon receiving information about an alleged case of child abuse or neglect, the child protection agency may start an investigation, assign a social worker to look into the family circumstances, suggest counseling to families, and/or bring a proceeding in the Family Court in the State of New York for child abuse or child neglect. These proceedings can result in the removal of the child from the custody of the parent.

The issue that investigators and social workers for child protection agencies have is determining whether parents are mistreating their children or is this a situation where the parents are just trying to do the right thing.

father's advocateElliot S. Schlissel is a father’s rights lawyer. His law firm protects parents from improper findings of child abuse and child neglect.

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Parental Alienation

December 24, 2013 By

father's rights lawyerParental alienation is a problem that sometimes exists in divorce cases, in the Supreme Court, and custody and parenting time (visitation) cases in Family Courts. Parental alienation is a problem parents, attorneys, and judges deal with within the context of the legal system. Unfortunately, it is a problem without an adequate remedy. In numerous cases of parental alienation, the only successful remedy is changing the custody from the alienating parent to the alienated parent. While in theory this seems like a good idea, sometimes the children are so alienated they refuse to live with and cooperate with the alienated parent. Unfortunately, in many cases the attorney for the child hears from the child that he or she hates the alienated parent and does not want to live with him or her.

The attorney for the child, under the current court rules, is forced to take the position of the child and argue the parent who denigrated the other parent should receive custody of the child or children. This action by the attorney for the children has an impact on the judge. When judges hear children do not want to live with one parent or favor the other parent, they have a tendency to go along with the children’s position.

Parental Alienation Syndrome

Parental Alienation Syndrome is a psychological malady where one parent brain washes the children so they view the other parent with hostility. The alienating parent manipulates the children to the point they lack respect and sometimes fear the other parent who loves them. The children are turned against one parent by the other without a basis in fact or real circumstances. This, unfortunately, takes place within purview of custody and visitation litigation in the courts of New York.

The Parent Involved in Parental Alienation

The parent who has alienated the children from the other parent takes this action for selfish, self-centered reasons. This parent loses sight of what is in the children’s best interest. This parent engages in the process of denigrating the other parent to the point the children believe the other parent doesn’t love them. There is a controlling aspect by the alienating parent over the children.

What Alienated Parents Must Do

The alienated parent must refresh the children’s recollection with regard to happy times and loving situations involving this parent and the children. The alienated parent must continually remind the children how he or she loves them. The alienated parent, if he or she is consistent, shows love and affection to the children during every visit, will be able to reclaim the love, affection and good will of their children.

Conclusion

Parental alienation is a major problem in the Family Courts and in the Supreme Courts concerning custody and visitation proceedings. Judges sometimes do not take the problem of one parent alienating another seriously enough. Judges should move quickly to admonish the alienating parent to cease and desist from this type of behavior. The alienating parent should be warned if they continue this behavior, the court will remove custody from him or her and limit access to the children to supervised visitation.advocate for parents rights

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Mother Loses Custody: She Interfered with Father’s Visitation

December 4, 2013 By

father's rights lawyersIn a recent decision, the Appellate Division of the Third Department (an upstate Appeals Court) found a mother who “clearly attempted to thwart and frustrate the father’s visitation” lost custody of her child. This case involves a mother who is a graduate of Cornell Law School, and a father who is an assistant professor of Mechanical and Aerospace Engineering at Cornell University.

The mother and father were married for a brief period of time and had a child. A decision was initially made by the trial court judge giving the father custody because the mother had violated a joint custody separation agreement that had been incorporated into a Judgment of Divorce. This agreement had given the mother physical custody of the child and the father parenting time (visitation with the child). The agreement specifically prohibited either the mother or the father from relocating without the consent of the other party or the court.

Mother Relocates

Shortly after entering into the joint custody separation agreement, the mother accepted a job in New Jersey. She relocated with her son over the father’s objections. After a court hearing, the Supreme Court Judge awarded sole custody of the parties’ son, Ethan, to the father.

The court in its decision stressed a party seeking to relocate has the burden of showing the relocation is in the child’s best interest. The mother claimed she took the only job she had been offered. This had forced her to relocate. The Court in its decision stated, “the record amply supports the conclusion that the mother was not entirely willing to include the father in decisions regarding the child.” The mother had acted hostile to the father when the parties exchanged the child.

Conclusion

Relocating a child is not as simple as most parents believe it is. The court will take into consideration the impact the relocation of a child will have on the parenting time (visitation with the child) of the other parent. When moving, the residential custodial parent should obtain consent of the other parent or bring an application to the Family Court or the Supreme Court and obtain a Court Order authorizing the relocation.

helping fathers with custody issuesElliot S. Schlissel is a father’s rights attorney representing fathers in child custody cases, regarding visitation problems and parenting time issues throughout the metropolitan New York area.

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Fathers Have the Same Rights in Custody Matters as Mothers

November 8, 2013 By

father's rights attorneysThe law in New York is gender neutral. Fathers currently have the same rights to have custody of their children as mothers, in Family Court custody proceedings as well as in the Supreme Court in divorce proceedings. For fathers to win custody cases they must carefully prepare their cases to assert their father’s rights. The area of father’s rights law is a growing area of the law in many states. Fathers who want to have an active role in their children’s lives need to be prepared to fight for their father’s rights. Father’s rights lawyers have an expertise in the presentation of custody cases on behalf of fathers.

Tender Years Doctrine

One of the doctrines utilized in the past that prevented fathers from obtaining custody of young children was the Tender Years Doctrine. This doctrine advocated mothers were better suited to provide the love and care for young children. The laws that currently exist in the State of New York are gender neutral. The law no longer recognizes mothers have any superior right to have custody of a child at any age. The standard as to who should receive custody of the child is based on the child’s best interest.

In making decisions in custody cases, courts review many relevant factors. They base their decision on what is in the best overall interest of the child. Although mothers still win more custody cases than fathers, fathers have made significant inroads in recent years in obtaining custody of children.

Joint Custody

Joint custody arrangements can be negotiated between the attorneys for the father and the mother. Joint custody arrangements involve the sharing by both parents of duties with regard to the raising of the children. Joint custody allows the children to be close with both parents and have the love and affection of both a father and a mother on a regular basis.

Parenting Time

The more modern term for visitation with children is referred to as parenting time. Today, parenting time plans (which used to be called visitation agreements) can be worked out to set up mutually agreeable visitation schedules that take into account the employment of both the father and mother, the needs of the children to attend school, see doctors and dentists, and the transportation issues involving the children participating in extra curricular activities in after school programs. Parenting schedules can be flexible to allow the parents to work out last minute changes in their employment schedules and unforeseen matters that prevent them from utilizing their time with the children.

Child Support

The parent who receives custody of the child is entitled to receive child support from the non-custodial parent. Even in joint custody situations, there is a residential custodial parent designated in the parenting agreement. The non-residential custodial parent must pay child support to the residential custodial parent.

Conclusion

The best way to evaluate your situation is to contact an attorney that handles father’s rights cases to discuss the feasibility of your goals and to obtain a road map as to how to achieve those goals.advocate for fathers

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Custody Changed Where Mother Alienated Children Against Father

November 4, 2013 By

father's rights lawyerReferee Dean Richardson-Mendelson, sitting in the Family Court of Rockland County, recently had a very disturbing case presented to him involving parental alienation of three children by a mother against their father. In this case, the father sought to modify a previously entered Judgment of Divorce. The settlement in the divorce case had granted both the mother and the father joint legal custody of the parties’ three children. The father now sought sole legal custody and sole physical custody of all three children due to the mother’s relentless program of parental alienation of the three children against the father.

Father’s Parenting Time in the Judgment of Divorce

In the original Judgment of Divorce the father was granted parenting time on alternating weekends. In addition he had two dinner visits with the children during the week. Pursuant to the Judgment of Divorce the father had parenting time on alternating holidays in addition to the standard weekly visitation.

Court Grants Sole Legal Custody and Physical Custody to Father

Referee Dean Richardson-Mendelson found the mother had systematically over a period of time, engaged in parental alienation of the children. Her actions were of such a nature to prevent the father from having a relationship with his children. Referee Richardson-Mendelson found the mother’s actions were systematic and designed to sabotage the father’s relationship with his children.

The Court noted in its decision the children maintained a negative view of the father that was not related to the actual reality of the parental situation between the father and the children. He further found the distortion in the relationship between the children and the father was caused by the mother’s relentless campaign of negatively influencing the children against the father. The court ordered a change in custody of two of the three children. Unfortunately, the court found that the third child was so indoctrinated by the mother to hate her father, he was concerned that she would run away.

parental alienation assistanceElliot S. Schlissel is a father’s rights lawyer representing fathers throughout the metropolitan New York area for more than 45 years with regard to custody, visitation and divorce related issues.

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Visitation Problems

October 31, 2013 By

father's rights lawyerVisitation problems with children usually involves one parent interfering with the parenting rights of the other. Parenting plans are usually established in divorce judgments, settlements in divorce cases, settlements in Family Court, judicial rulings on custody and visitation issues. Usually one parent is the residential custodial parent, meaning the child lives with this parent and the other parent has visitation (parenting time) with the child or children. So what do you do if one parent does not comply with the terms of the court order or parenting agreement? In the short run it is important to document the interference with visitation rights. A written diary should be maintained documenting each and every instance of one parent interfering with the other parent’s access or parenting time with the children.

Sometimes a mediator can be utilized to try to work out parenting time issues. If the parenting rights issue cannot be amicably resolved, it is strongly suggested you retain an attorney experienced in handling custody, visitation, and parenting rights issues. There are specific standards utilized by the courts in cases involving changing custody. Courts generally look for a change in circumstances before they will issue an order changing the residential custodial parent.

Reason for Change in Visitation Schedules

Life is not stagnant. Parents may seek to relocate. Employment of one or both of the parents may change, and with this change there may be a different work schedule that does not work well with the prior visitation order or visitation agreement. If visitation (parenting time) arrangements need to be changed and the parties cannot amicably work this out between them, a petition must be submitted to the Family Court or if the parties had been divorced, an application can be brought to the Supreme Court to modify the terms of the divorce related to the visitation/parenting time schedules.

Courts will utilize the standard of what is in the children’s best interest when dealing with custody and visitation issues. Protecting the children and allowing the children to reach their maximum potential and live a happy life is more important than the sometimes ping pong ball type of pulling back and forth between parents regarding visitation issues. If one of the parents does not live up to his or her responsibilities under Court Orders or visitation agreements this should be brought up to the judge handling the case and may be a ground for a change in custody.

How Much Visitation is Appropriate

It is in the child’s best interest to have two dedicated loving parents. Courts are moving towards giving the parent the child doesn’t live with as much visitation as is practical. Children that have two parents who want to spend time with them are blessed. The children should be allowed to grow and prosper as individuals within the love and understanding of both parents.help for caring fathers

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Change of Circumstances Necessary for Court to Change Custody

October 16, 2013 By

fathers rights lawyerIn a case in Westchester Family Court decided in August 2013, Judicial Hearing Officer Howard Spitz dealt with competing applications by both the mother and the father to modify a So Ordered Stipulation of Settlement granting physical custody to a child’s mother. Both the father and the mother filed petitions with the Family Court seeking to have custody changed to sole custody for them.

Forensic Evaluator Appointed

The Court ordered an independent forensic evaluator be appointed. The evaluator was ordered to write a report concerning the competing custody petitions. The report of the forensic evaluator called the mother a “restrictive gate keeper.” The report by the forensic evaluator recommended the court grant the father sole custody.

The attorney for the mother hired an independent expert to provide his own forensic report. The expert hired by the mother’s counsel, testified there were deficiencies and major flaws in the report of the court appointed evaluator. Judicial Hearing Officer Spitz found there were “errors of omission by the court appointed independent forensic evaluator.”

Failure to Prove Change of Circumstances

Judicial Hearing Officer Spitz in his decision stated neither the mother nor the father were able to establish a sufficient change in circumstances to warrant a change or modification of the custody arrangement worked out in the 2008 Stipulation of Settlement.

Judicial Hearing Officer Spitz’s decision found the child was well adjusted, didn’t have anxiety, and was a good student. His decision stated giving one parent all decision making authority and awarding that parent sole custody was not in the child’s best interest. Both the father’s and the mother’s petitions were denied. The court did change decision making authority from the mother to the father concerning all issues involving education and financial matters.advocate for fathers

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Center for Urban Families in Baltimore Helps Fathers

October 11, 2013 By

fathers rights lawyerBaltimore has a program run by the Center for Urban Families designed to help fathers reestablish relationships with their children. The Center helps fathers find jobs as part of their programs. Since its inception, hundreds of fathers working with the counselors in this program have learned to become more responsible parents and reestablish relationships with children whom they had abandoned.

Joe Jones, the Chief Executive Officer and founder of the program, recently stated “what we want to do is get these people above ground and back into the mainstream.” In addition to helping fathers find jobs, the Center takes action to end what Joe Jones refers to as “the cycle of father absence.” The Center seeks to break the cycle of fathers not being responsible for their children.

Children Raised Without Fathers

In 2012, the American Community Survey which was undertaken by the United States Census Bureau showed approximately 19 million children across the United States live in homes without a father.

Many men who come into the Center grew up in homes without fathers. Studies show children who are raised without fathers have a greater likelihood of parenting children during their teens. In addition, children raised without fathers have higher instances of drug abuse and being involved in criminal activity, pursuant to the National Father Initiative. It is the goal of the Center’s Responsible Fatherhood Program to provide men the support system and the basic tools they need to become responsible parents for their children. The program teaches fathers a variety of parenting skills including how to be financially responsible for their children.

About the Founder – Joe Jones

Joe Jones’ father left when he was 9 years old. Jones became a drug addict. He spent more than 17 years taking drugs, selling drugs and committing crimes to support his drug habit. When Jones was 21 years old he had a son. He took no responsibility for the child. In 1986, Jones was convicted of a variety of drug related criminal offenses. He was placed in a residential rehabilitation program. After completing the program, Jones went to Baltimore City Community College and obtained an Associate’s Degree. He worked for a series of non-profit organizations in Baltimore. During this time he realized there were no programs to help fathers. In 1992, he founded the Men’s Service Program at the Baltimore Department of Health. Seven years later he founded his own non-profit organization, The Center for Urban Families. He took this action because he felt he needed to give something back to the community for helping him restart his life. Jones claims to become a better father, you need to become a better man!

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