Guide to Grandparents’ Legal Rights Regarding Their Grandchildren – Part II

January 29, 2015 By

lawyer for grandparents on Long IslandGrandparents: Custody or Visitation?

There are different requirements or situations where grandparents will receive custody than those situations and requirements for grandparents to obtain visitation. The “best interests of the child” is the standard utilized in New York and all other states, in the United States, when determining whether a grandparent should be entitled to either visitation or to have custody of their grandchildren. The following are some of the factors utilized by courts in New York to determine whether it is appropriate to give grandparents either custody or visitation of their grandchildren:

  • the physical and emotional needs of the children.
  • the safety of the children.
  • the ability to maintain the welfare of the children.
  • the capabilities of both the parents and/or grandparents to meet the needs of the children.
  • the level of closeness of the relationship between the grandchildren and their grandparents.
  • how long have the grandparents maintained a relationship with the grandchildren.
  • have the children been neglected or abused by their parents and/or grandparents.
  • are there substance abuse issues in the grandparents’ home or the parents’ home.
  • the ability of the children to adjust to a new home or school situation.
  • the ability of the both the parents and the grandparents to provide care, love, affection and nurturing of the children.
  • how far apart do the parents and grandparents live.
  • is one or both of the parents deceased.
  • is one of the parents in the hospital and the other parent unavailable.
  • is one of the parents in jail and the other parent incapable of caring for the children.
  • the desires of the children to live with either the parents or grandparents. (Greater weight is given to this factor when the children are older).

A Best Interest Test

For grandparents to obtain visitation or custody in New York State, they must clearly show it is in the children’s best interests they receive either visitation or custody. In addition, if the grandparents are seeking custody in New York, they must show how this will affect the relationship, if one exists, between the children and their parents.

Conclusion

Grandparents’ rights are hotly contested issues in the courts of New York. If you are a grandparent and you seek custody or visitation of your grandchildren, the best way to ensure the greatest potential for success is to hire an experienced, dedicated grandparents’ rights lawyers.grandparents attorney in New York

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Guide to Grandparents’ Legal Rights Regarding Their Grandchildren – Part I

January 25, 2015 By

attorney for grandparentsGrandparents’ rights regarding custody and visitation arrangements are regulated on a state by state basis. There is a federal statute called the Parental Kidnapping Prevention Act of 1980 which impacts upon grandparents’ rights. This statute requires each and every state to give full faith and credit to child custody orders and decrees given by other states. In 1998, a federal law went into effect which required all 50 states to recognize and give legal enforcement to court orders from other states giving grandparents visitation rights with their grandchildren. The Uniform Child Custody Jurisdiction and Enforcement Act requires courts in the state where the child is located to enforce child custody orders from other states.

Troxel v. Granville

In the year 2000, the United States Supreme Court, in the case of Troxel v. Granville rendered a decision that a statute from Washington State giving grandparents visitation rights violated the due process rights of the biological parents to raise their children. Since this case was decided, there have been numerous state court decisions in New York as well as sister states and state laws trying to get around, modify, or soften the decision in Troxel v. Granville. New York State is one of the most liberal states in the country when it comes to giving grandparents visitation and/or custody of their grandchildren.

grandparents rights lawyerElliot Schlissel has been litigating cases on behalf of grandparents for more than three decades.  He is successful in helping grandparents obtain visitation with their grandchildren.  In the appropriate situations, he has been successful in helping grandparents obtain custody of their grandchildren.  He strongly believes that grandparents can play an invaluable role in the lives of their grandchildren.

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Custody Changed From Mother to Father

January 23, 2015 By

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

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Relocation Issues in New York

January 7, 2015 By

helping father's win custodyCan a residential custodial parent simply pack up with the children and move out of town, negatively impacting on the other parent’s visitation situation with the children and relationship with the children? The answer to this question is, no. It is necessary to have a signed and acknowledged agreement between the parents or obtain an order from either the Family Court or the Supreme Court allowing the residential custodial parent to relocate.

Best Interests of the Child

In the State of New York there is a case, Tropea v. Tropea which deals with issues concerning custodial parents relocating. This case determined the relocation of a custodial parent out of the “restricted area” should be determined based upon what is in the best interests of the children. As a result of this case, each request by a custodial parent is considered with regard to the circumstances of the parents and the children. A judge, after considering the facts and circumstances, renders a decision on what would be in the children’s best interest. The courts in these cases take into consideration the rights and needs of the parents as well as the needs of the children. However, the greatest weight is placed on what is in the children’s best interests.

Impacting on the Court’s Decision

The factors courts will consider on issues concerning relocation are:

 

  • the nature and circumstances of the relationships between the children and both the non-custodial and custodial parents;
  • how the move will impact on the quality and ability of the child to maintain a relationship with the non-custodial parent;
  • consider how visitation arrangements will be made with the non-residential custodial parent after the move;
  • the reasons for the parent seeking to move;
  • will the child’s life be enhanced educationally, emotionally, and economically related to relocating;
  • is the parent seeking to relocate making the application to the court in good faith;
  • the closeness of the relationship between the non-custodial parent and the children;
  • how often does the non-custodial parent visit with the children, recreate with the children, attend school, social and athletic events of the children;
  • can a new visitation arrangement be worked out which maintains the relationship between the non-custodial parent and the children;
  • is there hostility or interference with visitation by the non-custodial parent;
  • are there extended family relationships that will be impacted on by the relocation, either positively or negatively; and,
  • other facts and circumstances which the court feels are relevant to the parties’ situation.

Do You Need to Relocate?

If you need to relocate it is extremely important you hire the most qualified, experienced attorneys available to help you with these proceedings. Our law firm has litigated numerous relocation cases and we have an unparalleled record of success in dealing with relocation problems!father's rights relocation attorney

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Administration for Children’s Services (ACS) Petition Dismissed

December 31, 2014 By

father's rights lawyerThe Administration for Children’s Services (hereinafter referred to as “ACS”) filed a neglect proceeding in Kings County Family Court. Their petition alleged the mother did not provide her child with adequate medical care. In addition, the petition claimed the child lacked appropriate supervision. They claimed the mother left the child in the care of an inappropriate caregiver.

ACS Allegations Not Proven

The case was submitted to Judge Lillian Wan who sits in the Family Court of Kings County. Judge Wan found ACS did not establish the allegations appropriately. Her decision stated no medical records were presented to the court. There was no proof submitted to the court with regard to the child’s alleged medical problems. Although the mother had made a statement the child had chronic heart disease and the child had been treated by both a pulmonologist and a cardiologist in 2012, without further care, was insufficient to show the mother had neglected the child’s medical needs. Judge Wan went on further to state no evidence of any type was submitted to the court which showed the child was required to have further medical care.

Improper Guardianship

Judge Wan found there was no evidence submitted of improper guardianship by the mother. Judge Wan stated the mother was on leave from her job and home during this period of time with her child. Judge Wan dismissed ACS’ petition. She found based on the evidence submitted, ACS had failed to prove their case regarding inadequate medical care or lack of proper supervision by the mother.father's rights attorney handling cases with CPS and ACS

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CPS Investigates A Case of Corporal Punishment

December 21, 2014 By

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Elliot S. Schlissel is a father’s rights attorney.  He has been representing parents in child custody, CPS and ACS investigations and other family matters for more than 45 years.  He can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

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Grandparents’ Rights

December 13, 2014 By

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Elliot S. Schlissel is a grandparents’ rights lawyer with more than 35 years experience.  He can be reached for consultation at 516-561-6645, 718-350-2802, 1-800-344-6431 or by email to schlissel.law@att.net.

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Same Sex Marriage Does Not Prevent Father’s Paternity Lawsuit

December 4, 2014 By

Paternity rights for Long IslandersIn an unusual case in Monroe County Family Court, Judge Joan Kohout was presented with what may be referred to as a modern dilemma. A mother and her same sex wife, had a child born to them during the course of their marriage. Since the child was born during the course of the marriage, they claimed they were the legitimate two parents of this child. They argued in Family Court a man could not bring a paternity lawsuit claiming he was the father of the child. They argued the child had developed an attachment to the mother’s wife and therefore the father should be equitably estopped (barred) from being allowed to prove paternity of the child.

Judge Kohout pointed out the wife had not taken action to adopt the child. She also noted in her decision the mother and the wife were currently involved in a divorce lawsuit.

No Artificial Insemination

Judge Kohout in rendering her decision stated the mother had not been artificially inseminated. She had become pregnant as a result of having sexual relations with the man who sought to prove paternity. The sexual relations took place while she was married to her wife. The mother acknowledged the man seeking to prove paternity was actually the biological father of the child. Judge Kohout found based on these facts, even though the mother and wife were married at the time of the birth of the child, the father should not be precluded from proving he was the actual, biological father. The court took into consideration only 8 months had gone by since the child was born and the father filed his petition. The judge also stated in her decision there was no evidence the father had acquiesced or promoted the wife’s assuming the role of the parent of the child.

Judge Kohout concluded there was neither a presumption of legitimacy nor an equitable estoppel barring the father from bringing the paternity action. The court ordered that genetic marker testing be undertaken to determine if the father was indeed the biological father.

Conclusion

There is a doctrine called equitable estoppel with regard to heterosexual relationships. Under this doctrine, if a man acts as if he is the father of a child for a period of time, and thereafter changes his mind and seeks to have paternity testing to determine whether he actually is the biological father of the child, he should be barred from being able to show he is not the actual father of the child. Equitable estoppel is based under the idea it is in the child’s best interest not to change who the child perceives as his father. This is not necessarily a legal theory the writer subscribes to.Father's Rights attorney on Long Island

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Appeals Court Allows Father to Spank His Son

November 21, 2014 By

Child Protective Services is extremely aggressive on Long Island with regard to situations involving parents who use corporal punishment on their children. In a recent case, an appeals court found with regard to a Suffolk County father who spanked his son, that his actions were not inappropriate and this did not constitute child neglect.

The Spanking

In October of 2012, a father spanked his 8 year old son when he cursed at an adult during a party at a friend’s home. The father was reported to Child Protective Services. In March of 2013, in a proceeding in the Family Court of Suffolk County a ruling was made against the father finding he had neglected his child. The Department of Social Services claimed he had spanked his child with an open hand at the party. When they returned home from the party, they claimed he struck his son on the legs, arms and buttocks with a belt.

Family Court Proceedings

During the Family Court proceeding the father admitted he had spanked his son at the party. He denied he struck his son with a belt when they returned home. The father appealed the ruling of the Suffolk County Family Court to the Appellate Division of the Second Department (an Appeals Court located in Brooklyn).

Appeals Court

The Appeals Court held “the father’s open handed spanking of the child as a form of discipline after he heard the child curse at an adult was a reasonable use of force and, under the circumstances presented here, did not constitute excessive corporal punishment.”

As a result of the Appeals Court ruling, the original neglect decision by the Family Court was dismissed. The evidence presented in Family Court, at a fact finding hearing, was not sufficient to prove the son had been struck by the father with a belt.

Conclusion

Child Protective Services on Long Island is extremely aggressive with regard to investigating and prosecuting parents who appropriately discipline their children with spankings when the circumstances require it.

Most parents assume when they are investigated by Child Protective Services they have to cooperate. This isn’t true. The investigators for Child Protective Services are looking for evidence usually to convict the parent of child abuse and/or child neglect, not to find the incident did not take place. The best route to take when contacted by Child Protective Services is to immediately contact an attorney experienced in handling child abuse and child neglect cases.help in handling investigations by Child Protective Services

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It Now Costs a Quarter of a Million Dollars to Raise a Child

November 5, 2014 By

father's rights attorneyIt is estimated it costs approximately $245,000 to raise a child in the United States from birth to 18 years of age.  This is based on a national average.  However, in the northeast portion of the United States it is estimated it costs about $282,000 to raise a child.  This is because the standard of living and the costs associated with said standard of living are much higher in the northeast portion of the United States.  When taking into consideration adjustments for inflation, a child born in 2013 would cost an average middle class family approximately $305,000 to raise the child from infancy to adulthood.  This information is based on a study by the federal government’s consumer expenditure survey.

This study did not take into consideration the costs related to the pregnancy.  In addition, it also doesn’t take into consideration costs related to an individual applying to college and attending college.  When the study was first undertaken in the year 1960, it cost approximately $25,000 to raise a child from birth to age 18.

Housing Costs

The largest single expense in raising a child is the cost of housing the child.  The studies have found most middle income American families spend a third of the cost for raising a child related to their housing expenses.  The second largest expense involve child care and education which makes up approximately 18% of the cost of raising a child.  About 16% of the expenses for the child relate to providing him or her three meals a day.  The cost per child expenses decrease as a family has more children.

avocate for father's in custody litigationElliot S. Schlissel is a father’s rights attorney representing fathers throughout the Metropolitan New York area with regard to issues involving child custody.

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