What To Do If Your Children Are Taken By Child Protective Services – Part II

CPS assistance for parents on Long IslandThe Jurisdictional Hearing

The second trial you are entitled to if your children are seized by Child Protective Services is called a jurisdictional hearing. This gives you a second opportunity to have your children returned to you. If you are innocent of the allegations against you, do not make a deal. Litigate the hearing. If you are successful at the jurisdictional hearing, your children will be returned to you and this ordeal with Child Protective Services will be over. Child Protective Services, even if you are successful at the jurisdictional hearing, may suggest follow up treatments and benefits such as medicaid and food stamps. Do not work with Child Protective Services regarding these matters. Keep them out of your life!

If you are not successful at the jurisdictional trial, a case plan will be presented and you will have to cooperate with it. This means you are in for a long drawn out situation dealing with the Family Court, Child Protective Services and the caseworkers before you will be able to get your children back. Try to finalize the case plan in six months if possible. Do whatever they ask you to do to convince them to give your children back to you. They may want you to take parenting classes, attend therapy, and take other action to convince them and the court to return your children. Do whatever is necessary to comply with their wishes to get your children back.

Unfortunately, if there is a case hearing after 6 months and your children are not returned to you, you need to work on a second 6 month case plan. At the end of the second case plan you can have another hearing to get your children returned to you.

Hearing on the Termination of Parental Rights

The third trial you can have after your children are seized by Child Protective Services is the termination of parental rights hearing. Unfortunately by the time this hearing takes place, your children will have been away from you for close to a year and a half. Take the case to trial at this point again. If you lose the termination of parental rights hearing, you lose your rights to your children. This is your last chance. Should you lose this trial the only thing you can do is to bring an appeal to the Appellate Division. Appeals are costly and can take as long as a year to 18 months to get a decision. It is also difficult to be successful on appeals from termination of parental rights hearings.

father's rights advocates on Long IslandElliot S. Schlissel, Esq., has been representing parents in child abuse cases and child neglect cases for more than 45 years.

Forensic Evaluator Removed: Report Not Accepted

father's rights attorney on long islandIn contested custody disputes, courts often hire a psychologist or a social worker to do a forensic analysis as to which parent would be better suited to be the custodial parent of the children. The forensic evaluator is supposed to look into all aspects of the interaction of the parents and the children and make recommendations in the children’s best interest as to which parent would be more suitable or the better residential custodial parent.

Forensic Evaluator’s Report

Justice Jeffrey Goodstein sitting in the Supreme Court Divorce Part in Nassau County, New York, recently had a case involving issues concerning a forensic evaluator’s report.

A father had brought an application to change custody. In the event of the modification of the custody, he also wanted his child support payments eliminated. The attorneys for the wife opposed the father’s application and a hearing was scheduled. The court appointed a forensic evaluator, a psychologist, to do a forensic analysis regarding parenting time and issues concerning custody of the children.

Forensic Evaluator’s Failures

The attorney for the husband brought an application to appoint a different forensic evaluator. In reviewing the application by the husband, the court made the following findings. The forensic evaluator who had been appointed, had failed to act with an acceptable standards for a forensic evaluator. This evaluator had not looked into Child Protective Services reports, issues concerning sexual abuse, and the facts and circumstances of the various mental health professionals that had cared for the father and mother and the children during the past few years. The evaluator said she rendered her report based on the interviews she had with the parties. The evaluator admitted she did not perform any psychological tests on the parties. Justice Goodstein found this evaluator had deviated from acceptable standards for forensic evaluations concerning child custody issues. He therefore did not accept the report into evidence and did not consider it in making a decision. However, he did find that although this forensic evaluator’s report would not come into evidence, he still needed the report of a forensic evaluator in order to determine the various issues concerning parenting time and custody presented to him in this case. He therefore had the parties retain a new forensic evaluator.

Are Forensic Evaluators Needed?

There is controversy as to the need for forensic evaluators in custody cases. The judge should be the ultimate decision maker of who gets custody and who is the more appropriate custodial parent for the children. In this case the parties spent a lot of money on one forensic evaluator and now they are going to have to spend a lot of money on a second one. Hopefully the second evaluator will do a more complete evaluation.child custody help for fathers

Using Forensic Psychologists As Experts In Custody Cases

father's rights lawyerIn a custody case, each parent seeks to prove to the court that it is in the child’s best interest that they receive residential custody of the children. To accomplish this goal, evidence must be submitted establishing that the parent advocating for custody is actually the parent that would provide a better, nurturing life situation for the children.

How is this done? One of the ways of establishing one parent being a better parent or having better skills to raise the children is to cause both parents to be evaluated by a forensic expert with the hope each parent’s expert comes down on their side for custody. It is important to utilize a forensic expert to avoid each of the parents telling the judge why he or she is the better parent. Although this can provide the judge with some material that would enable him or her to make a decision, it is generally not sufficient. A forensic expert’s testimony can back up a litigant’s arguments and statements, they would be the parent to enhance the children’s lives and therefore they should be awarded residential custody of the children by the court.

How Do Forensic Experts Operate?

The forensic psychologist will usually have a series of interviews with each of the parents. In addition, the forensic psychologist will interview the children separately and usually in the custody of each of the parents. The forensic psychologist will also have the parents take a variety of psychological tests. In addition, the expert will look into issues as to whether the parents have drug or alcohol problems, have a history of abuse or neglect, and investigate other issues with regard to the parent’s abilities to raise the children. In addition, the forensic experts will usually interview any third parties who reside with each of the parents. The forensic expert seeks to observe each parent’s interaction with the children during their interviews while the child is present. Forensic experts will also review court records and other information related to the case. In some situations, a forensic expert will review school records and speak to the children’s teachers.

Custody Decisions

The forensic expert makes recommendations to the judge handling the custody case. The judge, based on evidence submitted in court, the testimony of the parties and third parties, and the report submitted by the forensic expert renders a decision as to who should be the residential custodial parent of the children. The basis of the court’s decision is what would be in the best interests of the children. Courts look into the quality of the home environment and the level of parental guidance each parent can provide for the children. Courts also look into each parent’s ability to provide for the children’s emotional, intellectual, financial and developmental needs. Courts also take into consideration which parent would do a better job promoting the other parent’s relationship with the children. It is the duty of a residential custodial parent to promote the relationship of the children with the other parent.

Unfortunately, judges are trained in the law and not trained to evaluate parenting skills. Some judges rely very heavily on the reports of forensic evaluators, while others take them into consideration but don’t give them as much weight. Deciding who should become the custodial parent is a difficult task. Judges usually pressure the parents to try to resolve the issue on their own. They may suggest a joint custody arrangement to be negotiated out of court. However, if the parents can’t agree, they are entitled to a trial and the judge will determine who should receive residential custody of the children.custody advocate for fathers

Father’s Rights in 2014

father's rights attorneysToday more and more fathers are obtaining custody of their children. The bygone days when there was a presumption that the father was the bread winner and the mother took care of the children and should receive custody are long gone. In the State of New York, fathers have equal rights to custody of their children. In most families today, both parents work to help support their family. More and more fathers are involved with the day to day affairs of taking care of and nurturing their children. Family dynamics have changed significantly in the last decade.

Fathers Matter!

Fathers play an important role in their children’s lives. If the father seeks to have custody of his children, he should use due diligence and hire an attorney who is experienced and knowledgeable with regard to advocating on behalf of fathers. Both fathers and mothers bond with their children. Recent studies show that children who do not have a father in their lives are subject to a variety of negative effects. Some of these effects are: (1) Children who do not have guidance from their fathers have a higher school dropout rate. (2) Children raised in families without the benefit of a loving father use illegal drugs on a greater basis than children who are raised in a family that has both a father and a mother in it. (3) There is a greater percentage of children raised in a fatherless family, committing acts of domestic violence.

Fathers help their children develop traits that allow them to be successful during their life. Fathers who are prevented from having quality time for visiting with their children should fight to protect their rights. An experienced father’s rights attorney will be able to analyze a custody or visitation case and provide the father with a road map to protect his rights and achieve a greater possibility of success in the case.

Helping Fathers in Custody and Visitation Problems

Our office works with fathers regularly concerning issues regarding custody and visitation. There are many issues fathers face when litigating custody and visitation matters. There are a variety of situations that can create a negative impression of a father by the courts. Some examples of these situations are the father moving out of the house where his children reside, failing to aggressively pursue employment, failing to fight made up charges of domestic violence alleged by the mother, and failure to maintain a regular form of contact, communication and presence in their children’s lives.

Children’s Best Interests

Decisions concerning custody and visitation by judges take into consideration the children’s best interests. The father’s rights lawyers at the Law Offices of Schlissel DeCorpo are available to speak with fathers who have issues concerning their children seven days a week. Call for a free consultation at 516-561-6645, 718-350-2802 or 1-800-344-6431.experienced father's rights advocate

Father Denied Custody – Custody Given to Wife

father's rights lawyerAn action for divorce was brought in Westchester County. A judge granted the plaintiff, wife, a judgment of divorce. The parties had two children from the marriage. They had settled all issues concerning who was going to pay the marital debt and any equitable distribution of marital assets. The court was faced solely with the issue of who would receive custody of the children of the parties.

Justice Linda Christopher rendered a decision that the mother was more willing to allow and encourage access, and to promote a positive relationship between the children and the father. In addition, there were allegations of domestic violence and issues with regard to the mental stability of the parties.

Father Acts Inappropriately

Justice Christopher noted in her decision the father did not allow the children to go to the mother’s place of residence until the mother obtained a court order regarding this matter. In addition, she found the father was a controlling individual. He had demeaned the mother in front of the children. In addition he had, without cause or justification, called the police on the mother and advised her she was nothing more than a nanny to his children.

Sole Custody Awarded to Mother

The court awarded the mother sole custody. However, pursuant to the custody order, the mother was obligated to enroll in and remain in a psychotherapy program to help her with her physical displays of anger which had been directed to the father.

Conclusion

Courts take seriously the issue of the residential custodial parent providing a nurturing and positive relationship between the children and the other parent. In this case, the court found the mother was more likely to take this action even though she had anger management issues.

best interest of the childrenElliot Schlissel is a father’s rights attorney. His office helps fathers obtain extensive parenting time (visitation), and custody of their children.

Father Named Son’s Guardian

father's rights attorneySurrogate John Czygier Jr. sitting in Suffolk County recently had a case before him involving a developmentally disabled child. A father had brought a proceeding to be appointed the guardian of his son, Nicholas. The child’s mother took the position Nicholas didn’t need a guardian because he wasn’t developmentally disabled.

A Hearing Was Held

Surrogate Czygier held a hearing to determine whether Nicholas was a developmentally disabled individual who required a guardian be appointed. When it was established that Nicholas needed a guardian, the mother then took the position she should be named her son’s guardian. The mother made it clear, to the court, she intended to move to Florida whether or not she was appointed as Nicholas’s guardian. She also made it clear she was moving to Florida with or without her son.

Guardian Ad Litem for Child Favors Father

A guardian ad litem was appointed to represent Nicholas (a guardian ad litem is an attorney who is appointed to protect a child or incompetent). The guardian ad litem made a recommendation that the father was the more appropriate parent to be appointed by the court as the guardian for Nicholas.

The Judge’s Decision

Judge Czygier, in his decision, took into consideration the father had worked to enhance Nicholas’ life. The father also understood and maintained realistic concepts concerning his son’s disability. The court also took into consideration the fact that if Nicholas was relocated to Florida with the mother it would interfere with the father’s current relationship with his son. Judge Czygier stated in his decision although the mother had been the primary caretaker of Nicholas up until that point in time, he doubted her fitness to be Nicholas’ guardian. The court therefore determined the father was the more fit parent to be the child’s guardian. The judge’s decision stated the father was more likely to see to it that Nicholas was able to maintain a relationship with his mother. The father’s petition for guardianship was therefore granted by the court.

helping fathersElliot Schlissel has been protecting father’s rights concerning guardianship, custody, and child support issues for fathers throughout the Metropolitan New York area for more than 45 years.

Mother Loses Custody: She Interfered with Father’s Visitation

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.

Enforcing Rights of New Fathers

father's rights lawyerParental leave for the birth of new children should be for both mothers and fathers. Presently birth mothers are entitled to ten weeks of paid vacation leave upon giving birth. When men and women adopt children, both the man and the woman are entitled to parental leave. Unfortunately, if you are the biological father of the child, you are only entitled to two weeks of parental leave.

Biological Fathers Are Second Class Citizens

At a time when men and women have equal rights to custody and equal rights to parenting time (visitation with their children), it is time men have equal rights also to parental leave when they are fortunate enough to have child come into this world. Most employers do not provide parental leave for new fathers. In families where both the mother and father work, sometimes it is more practical for the father to stay home and take care of the newborn child than the mother. Currently there are no federal laws that prohibit discrimination against fathers who have the responsibilities of taking care of young children. Should it be considered sex discrimination if an employer provides paid leave for a mother to take care of a newborn child but doesn’t provide for paid leave for a father in the same situation?

Men Raising Children

Men taking responsibility to help raise a newborn child are acting outside of the normal gender roles for men and women. When a man takes time off from work to spend time with a newborn child it helps him bond with the child. To make a woman equal to a man in the workplace requires the man also be equal to the woman with regard to benefits and responsibilities.

advocating new father's rightsElliot S. Schlissel, Esq., is a father’s rights attorney. He has represented fathers for more than 45 years with regard to protecting father’s rights in divorces, custody and parenting time issues.

Joint Custody Does Not Relieve Both Parents From Paying Child Support

father's rights lawyerWhere the parents have joint or shared custody, involving each of the parents having equal time with the children, both parents are not relieved of their obligation to pay child support. Most parenting plans designate one parent as the primary residential custodial parent. This is necessary especially in Nassau and Suffolk Counties on Long Island. School districts will look to parenting plans and divorce settlement agreements to establish the primary residential location of the child. The reason for this is that school district want to know who will be responsible for providing schooling for the child or children.

Parent With Greater Income Pays Child Support

In the case of Bast v. Rostoff, the New York State Court of Appeals in 1998, dealt with the issue of an equally shared custody arrangement and obligations to pay child support. In this case both parents requested the court to have the other parent pay them child support. The Court of Appeals (the highest Court in New York State) ruled in shared custody situations, the parent with the greater earned income is by the very nature of earning more money than the other parent deemed to be the non-custodial parent for child support purposes. This causes the parent with the greater income to pay child support payments to the parent with the lesser income. This is an example of the expression “no good deed goes unpunished.” Work hard, get educated, get a good job, earn more money than your spouse, and even if you have 50% of the visitation you still have to pay child support!

custody and child support advocates for fathersThe father’s rights lawyers at the Law Office of Elliot S. Schlissel, represent fathers throughout the metropolitan New York area with regard to issues involving child support, custody and divorce.

Fathers Have the Same Rights in Custody Matters as Mothers

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