Fast Track in Nassau County Family Court for Reuniting Parents and Children

October 4, 2013 By

father's rights attorneysNassau County has a new program to reunite children who have been taken away from their parents. This new program was set up by Nassau County Family Court Supervising Judge, Edmond Dane. The program is specifically designed to reunite parents with children under the age of 5. The fast track program is called “Babies Can’t Wait.”

Babies Can’t Wait

The program has been set up in conjunction with the Nassau Family Court, the Nassau County Department of Social Services and Adelphi University’s Institute for Parenting. Adelphi’s parenting institute is a private organization that is designed to promote relationships between children and their parents.

The program is designed to reduce risk, in cases involving either child abuse or child neglect, that children will be harmed. It tries to establish a secure caregiver for infants. There is a preference in the program for biological parents.

The program uses a team approach. The team is comprised of assigned attorneys, family members, an infant mental health specialist from Adelphi, a court facilitator, a deputy County Attorney, and foster care workers who will meet monthly before Judge Dane.

Judge Dane has stated he hopes the new program will be successful in reducing terminations of parental rights. The program also seeks to keep children under the age of 5 out of foster care.

Judge Dane has stated “when a child is taken from a parent, regardless of age, there is trauma.” He further stated “separation affects bonding and attachment especially with babies.” The program is designed to engage parents from the beginning and monitor their progress more often. It is the intent of the program to speed negotiations and result in quicker resolution of infant related cases.

Adelphi University

Adelphi University is providing joint therapy for parents and children. These therapy sessions focus on interaction and care of the children. The therapy sessions allow for additional visitation between the children and the parent.

The Prior Social Service Program Involving Removed Children in Nassau County

Without this program, when the Department of Social Services removes a child from a home, the parent or the child’s guardian has to go to the Family Court and file a petition for a hearing. The Judge then makes a determination at the time of the hearing whether the child faces an imminent danger. If the judge determines that the child faces an imminent danger, the child is not allowed to go home.

The case is then adjourned and a Fact Finding Hearing is held to determine if the child has been abused or neglected. In the event there is a finding of either child abuse or child neglect by the judge an additional hearing called a Dispositional Hearing is held. A Dispositional Hearing can be equated to a sentencing hearing in a criminal case. As a result of these hearings, an investigation is initiated by the Department of Social Services. This investigation takes a number of months and sometimes as long as a year.

Permanency Hearing

After the investigation a Permanency Hearing is held. The purpose of this hearing is to determine long term what shall happen to the child. Should the child be given back to the mother? Should the mother or father’s parental rights be terminated? Should the child be given to a guardian?

Babies Can’t Wait Program

Under Judge Dane’s Babies Can’t Wait program a Fact Finding Hearing is finished in as little as a month and a half. The Permanency Solution for the family would be decided within a year. Judge Dane claims “the longer you let a trial linger the less your chances of success. We want to make sure the focus is on the services rather than the abuse allegation.”

Judge Dane takes the position if the parents deserve it, he wants to give them an opportunity to improve the situation and get back into a relationship with their children.

Hooray for Judge Dane!father's rights assistance

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Grandparents’ Control Over Visitation Upheld

October 2, 2013 By

father's rights lawyerA proceeding was brought in Nassau County Supreme Court by Steven Libin. He requested the New York Court relinquish control over custody and visitation rights pursuant to a stipulation, to the Courts in Israel. Acting Supreme Court Judge Hope Zimmerman ruled against him. He appealed to the Appellate Division, Second Department, an appeals court in New York. The Appeals Court found Judge Zimmerman, “properly concluded that [her court] retained exclusive continuing jurisdiction over the stipulation as modified to reflect the child’s new residence in Israel.”

History of the Case

The child was born in February 2008. At the time, Libin and his wife, Diana, were residing in Israel. Diana died shortly after childbirth. Libin and the wife’s parents entered into an agreement in Nassau County wherein the wife’s parents, Katerina and Alexander Berkovitch, were given temporary custody of the child. Libin thereafter brought a proceeding in Nassau County and asked for sole custody and requested the prior stipulation with the grandparents be nullified.

Child in Israel but Case Stays in New York

In October 2008, a stipulation was entered into between Libin and the grandparents which gave Libin custody and the grandparents visitation rights. The stipulation was entered into at a time when Libin was residing in Israel. The stipulation stated the Supreme Court (in Nassau County) “shall retain exclusive jurisdiction over this matter for the purpose of enforcing or modifying or interpreting the terms of this agreement.”

The child lived for three years with Libin’s parents on Long Island. The paternal grandparents visited regularly.

In 2011, the maternal grandparents found out Libin had taken the child to Israel. At that time, Libin sought to have the jurisdiction over this proceeding transferred from the Supreme Court in Nassau County to courts in Israel. The court’s decision stated even though Libin planned on living in Israel, the signing of the stipulation giving jurisdiction to the New York State Court was still valid.

Conclusion

This is a case where the grandparents’ rights were upheld.helping grandparents

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Protecting Men’s Rights in a Divorce

September 18, 2013 By

father's rights lawyerAlthough there are many issues that need to be dealt with in divorce situations, there are two basic themes. The first theme has to do with children, custody and visitation. The second theme has to do with division of assets, child support, spousal maintenance (alimony) and other financial issues.

Punished for Being Successful!?

Men who have worked hard to obtain an excellent education and/or credentials and have strived and dedicated themselves to both their family and their employment initiatives, should not be punished in a divorce situation.

Often men come into our law office with questions such as:

  1.   I have worked hard to develop my business, how can I keep it?
  2. How do I keep my career, provide for my children, and not become a deep pocket to fund my wife’s exorbitant lifestyle?

Planning and Strategy

Fighting a complicated divorce can be similar to fighting a mini war. If negotiations and settlement attempts fail, each side prepares for a battle. This battle is called a trial.

Our office helps our clients develop an effective strategy to preserve their assets, maintain relationships with their children, and not be devastated by the divorce process itself. Approximately 5% of all divorce cases in New York go to trial. The other 95% are settled either before trial or at trial. It therefore is necessary to prepare for trial while continuing to negotiate to obtain the best possible results.

Caring for a Child

A father’s love and devotion for his children is not second string to a mother’s love and devotion to her children. Under the law in the State of New York, both parents are considered to have equal ability to obtain custody of their children. Today, more and more fathers are stepping up to the plate saying “I want custody of my children.” Fathers are dedicating themselves to being in their children’s lives. The former standardized types of visitation that judges handed out in the past do not necessarily meet the father’s needs today.

The Best Interests of the Child

The standard in the State of New York as to who receives custody of the children is what is in the children’s best interest. Judges are forced to make these very difficult decisions. There is no standardized scale rating mothers and fathers for their talents involving child raising, emotional stability, and bonding with their children. There are standards within the statutes in the State of New York but they are general standards. In many situations, judges make decisions on who will receive custody based upon gut reactions that are thereafter qualified within the law.

Children deserve the love, dedication and financial support from both parents. In some cases, joint custody arrangements can be worked out and the parents can amicably raise their children. However, this is not true in all cases. In some cases, the children are going to live with one parent and the other parent is going to visit! If you are a father and seek being more than a visitor in your child’s life, then you need the best, most dedicated, most experienced father’s rights lawyers to protect your interest. At the Law Offices of Schlissel DeCorpo our father’s rights attorneys have been delivering for our clients for more than 45 years.helping fathers and children

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Stay At Home Fathers

August 14, 2013 By

father's rights attorneyMillions of fathers are involved in raising their children. Fathers who dedicate their lives to help raising their children should be recognized more often for these endeavors by the courts in New York. Research shows in approximately 25% of all marriages, the mother is the primary bread winner.

As women have become more ambitious in fulfilling their careers more issues concerning father’s rights have developed. Many fathers feel they are not given sufficient parenting time with their children. Some conservatives in the United States argue against the concept of the nurturing father. They claim nurturing fathers act as substitute mothers and this denies children a masculine role model. I believe this is a lot of hogwash!

Equal Rights For Fathers

Feminists in the 70’s wanted equal rights for mothers. In the State of New York, since 1989, mothers have equal rights. When mother’s obtained equal rights, fathers also received equal rights.

Two Sided Feminist Arguments

Feminists today agree that men should be more involved in raising their children. However today’s feminists only want fathers to be treated equally when it is convenient for them.

Traditional Role

In the traditional family, the father goes out to work and the mother stays home and raises the children. The majority of families in the United States raise their children in this manner. However, this majority is getting smaller and smaller. The time for father’s rights is now!

Facts About The Author

advocate for fathersElliot S. Schlissel, Esq. is a father’s rights attorney representing fathers throughout the metropolitan New York area.

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Grandparents’ Rights

August 9, 2013 By

Grandparents have a unique impact on their grandchildren. Children visit with their grandparents. They receive love affection and ties to family relationships from their grandparents. The nurturing relationships grandparents and grandchildren have, provide an additional sense of stability for children that cannot be obtained from other relationships. In cases where grandchildren are the product of homes in turmoil, grandparents are a precious support system for their grandchildren.

Grandparents And Visitation

The issues involving grandparents’ relationships with their grandchildren and how the courts interpret grandparents’ rights to visitation with their grandchildren are based on the concept of what is in the children’s best interest. Should grandparents be deprived of their visitation rights, they have the burden of proving in the Family Court, in the State of New York, it would be in the children’s best interest to maintain a relationship and spend time with the grandparents.

Each case involving visitation rights for grandparents’ is unique. Grandparents who seek to build loving relationships with their grandchildren and have had a past history of visitation and contact with their grandchildren have a greater opportunity to succeed in grandparents’ visitation proceedings.

Prior to bringing a proceeding in the Family Court, the grandparents should lay out a history of contact with their grandchildren to establish periods of prior visitation, gift giving on birthdays and holidays, and other reasonable steps showing they have tried to maintain a relationship with their grandchildren that has been interfered with by either one or both of the children’s parents.

Grandparents Don’t Exist Forever

Grandparents don’t exist forever. They often die as the children grow up. Children should be entitled to at least their memories of a loving relationship they maintained with their grandparents.

About The Author

help for fathers and grandparents rightsElliot S. Schlissel, Esq. has been defending grandparent’s rights for more than 45 years. His law firm also represents fathers in father’s rights cases involving custody and visitation issues.

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Custody Proceedings – Cross Examination Of Forensic Experts

October 5, 2012 By

father's rights lawyersIn custody proceedings, in the Family Courts and Supreme Courts of New York State, the Judge will often order the parties, the child or children and the significant others of the parties be interviewed by forensic experts. Thereafter, the forensic expert usually issues a written report. Should the case go to trial, the forensic expert will testify at trial with regard to the material in his or her report.

Neutral Forensic Experts

            The forensic reports of neutral experts are submitted to the Court. The attorneys for the parties are entitled to review the reports. In most instances the attorneys are not allowed to provide a copy of the report to their clients. The attorneys usually take notes as to what is in the report and utilize their notes with regard to the examination and cross examination of the forensic expert at the time of trial.

Forensic Expert Reports And Individuals Representing Themselves

            What happens if the individual in the custody dispute represents himself or herself?   In these situations shouldn’t the individual representing him or herself be given access to the report so he or she will be on equal standing as the attorney for the other party with regard to the testimony of the expert at the trial?

In a recent case before an Appeals Court (the Appellate division of the First Department) entitled Sonbuchner v. Sonbuchner, the issue of individuals representing themselves and having access to forensic expert reports was dealt with. The case involved the mother trying to relocate her child from New York to North Carolina. The father objected to the relocation claiming it would have a negative impact on his parenting time with the child. A forensic report was prepared. The father sought to review the report. His request was denied.  The case went to trial and the mother won.

The father appealed claiming that he should have been given access to the forensic report which the Court accepted into evidence.  The Appellate Division found the trial court had made an error in not allowing the father to review his report. However, they found this was “harmless error.” How could this be harmless error?

Fairness Requires Equal Access to Forensic Expert Reports

            Litigants should have equal access to all material that impacts their case. In this case, the father representing himself was forced to try his case at a disadvantage. The other attorney was fully cognizant of the material in the expert report prior to it being presented into evidence. He was not.

Due Process Denied

            Justice David Saxe, who had a dissenting opinion on this case, stated “expert reports by mental health professionals are an important element at trial of custody litigation. The procedure typically employed by the New York trial courts in recent years is to provide a copy of the expert’s report to the attorneys, with the direction that the copies are not to be provided to their clients or others outside the litigation team.”  The Judge went on to write in the event a litigant is self-represented, a copy of the report should be maintained at the Courthouse and provided to the litigant. The dissenting opinion was correct and the majority opinion was wrong.

About the Attorney

            Elliot S. Schlissel is a fathers’ rights lawyer representing fathers in child custody, visitation, child support, relocation cases and all other issues involving father’s parental rights. He has been practicing law for more than 34 years.divorce assistance for fathers

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Challenging Paternity

October 1, 2012 By

father's rights lawyerIn a case before Judge Lubow, in the Queen’s Family Court, a father brought a proceeding to vacate an acknowledgment of paternity. He claimed he had been fraudulently induced into signing the acknowledgment of paternity.  His papers stated, he relied on the mother’s contention he was the biological father. She had advised him she had been separated from her husband for a substantial period of time, and she didn’t  have sex with anyone else.

DNA Paternity Testing

            The father now claims DNA testing has shown he is not the father. The Court, in its ruling, stated that there is a presumption of legitimacy regarding a child born during the marriage. The presumption is the child is a biological product of the marriage. This presumption, the Court stated, should only be rebutted by “clear and convincing evidence tending to exclude the husband as the father or otherwise disproving legitimacy.”

Mistake Of Fact Or Fraud

            In this case, the Court found there had been a detrimental reliance on a mistake of fact or fraud. The Court found it was not in the child’s best interest to leave this question up in the air. The court ordered official DNA testing. The court stated, if it found the biological father was the woman’s husband the acknowledgment of paternity would be stricken. However, if it found that he was the biological father he would still be able to petition for visitation with the child.paternity assistance for fathers

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Custody Modified: Father Given Custody

September 24, 2012 By

father's rights attorneysIn a recent case, Judge Stacy Bennett, a Family Court Judge now sitting in the Supreme Court in Nassau County granted a father a modification of a previous custody order.  The modification granted him the physical custody of his daughter.

In this case the father claimed the mother had been engaged in “vicious behavior” which included repeated false accusations of sexual abuse by the father. These accusations were unfounded. In spite of the fact that they were unfounded they resulted in an eventual alienation of the parties’ daughter.

On three previous occasions the Court had dismissed family offense petitions brought by the mother alleging physical sexual abuse by the father.  The Court had also vacated temporary orders of protection in this situation.  A Court appointed forensic evaluator, in his report, recommended custody be transferred from the mother to the father. Judge Stacy Bennett agreed with the forensic evaluators findings. She felt the evidence established the mother would continue to make the reports of sexual abuse. She found the mother was “unwilling and unable to promote a healthy relationship between the father and the child. This put the child at risk of emotional damage.”

Best Interest of Children To Give Father Custody

            The Court found the best interest of the child would be to modify the previous custody order and change custody from the mother to the father. The Judge found that the mother was unfit to continue to act as her daughter’s custodial parent.

Guilty Until Proven Innocent

            Fathers, for decades, have found themselves guilty until proven innocent of false charges of child abuse. This decision is a step in the right direction!

About the Author’s Law Firm

            The Law Offices of Schlissel DeCorpo
have represented thousands of fathers in child custody and visitation proceedings throughout the Metropolitan, New York area during the last 45 years.  We offer free consultations and our phones are monitored 24/7.custody and child support assistance for fathers

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Father, Active In The Military, Granted Modification Of Custody Allowing Him To Have Custody

August 2, 2012 By

father's rights attorneyIn a decision in the Family Court of Suffolk County, Judge Teresa Bryant Whelan, in October of 2011, granted a father who was active in the military, residing in Virginia, custody of his children.  Judge Whelen, in her opinion, stated that the parties had agreed to separation and joint legal custody.  Initially, the mother was the residential custodial parent.

In his petition to modify the custody application, the father alleged the mother had stopped taking her mental health medication.  It also alleged she abused drugs and alcohol.  As a result of the mothers improper conduct her children were removed from her care.  The maternal grandmother was the temporary custodial parent.

Unfortunately, the grandmother worked long hours and had difficulty caring for the children.  The Court found that the father was the more fit parent and it was in the children’s best interest that custody be changed and he be given residential custody.  The Court indicated in its decision even though the father was an active member of the United States Air force and subject to possible relocation, it was still in the children’s best interest that custody be awarded to him.

Conclusion

            This case is an example of the continuing development of a father’s right to have custody of his children in New York.family court advocate for fathers

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