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Parenting Plans

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Elliot S. Schlissel is a father’s rights attorney with nearly 40 years experience representing fathers in all aspects of family law.  He and his associates are available for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

Factors Considered in a Relocation Application

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Elliot S. Schlissel has been representing fathers for more than 35 years in all aspects of family law and divorce law.  He and his associates are available for consultation.  To schedule a consultation, please call 516-561-6645 or 718-350-2802 or send an email to schlissel.law@att.net.

Grandmother Granted Custody

grandparents' rights attorney in New YorkThis case involves an appeal by a father seeking to set an Order aside which granted the maternal grandmother custody of the father’s child. The father’s appeal was denied. The grandmother was granted primary residential custody of the child.

History of the Case

The father and mother were not married. They resided together until the baby was six months old. At that time, the father was incarcerated. The mother resided with her mother, her child’s grandmother. There came a time when the mother was also incarcerated. During the time both parents were in jail, the grandmother dutifully raised the child.

Father Obtains Visitation When Released From Prison

When the father was released from prison he obtained visitation rights with his child. The father thereafter brought a proceeding seeking physical custody of the child. He claimed both he and the child’s mother had maintained a continuing relationship with the child.

Justice Elizabeth Garry wrote the decision for the Appellate Division for the Third Department (an appeals court). She found there were extraordinary circumstances involved in this case. The award of primary physical custody by the Family Court to the grandmother with joint custody to the child’s parents was affirmed. She stated in her decision that considering all of the testimony, the history of the circumstances of the parents and the child’s developmental needs, the grandparent was “uniquely qualified to oversee the child’s therapeutic regime…and the father does not understand or refuses to accept the severity of the child’s developmental delay.” It was therefore in the best interest of the child the grandmother be awarded primary physical custody of the child.

Conclusion

This decision is supported by the theory that the best interests of the child should be taken into consideration when the court grants custody. In this case the grandparent was the most suitable and appropriate residential parent. Grandparents play an exceedingly important role in the development of their grandchildren.  In addition to this case being a victory for children’s rights, it is also a victory for grandparent’s rights. New York grandparents' rights lawyer

The Factors Considered By The Court In Determining Custody

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Elliot S. Schlissel is a father’s rights attorney with more than 35 years representing fathers in all aspects of divorce and family law.  He and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email at schlissel.law@att.net.

Are Your Children Being Subject to Parental Alienation Syndrome?

father's rights attorney on Long IslandParental alienation can have a destructive effect on a parent’s relationship with their children. Children subjected to parental alienation often exhibit hatred toward the targeted parent. The following are a list of the symptoms of parental alienation syndrome:

  • One of the parents discussing the aspects of the divorce with the children. That parent presents the divorce case from their point of view. They take this position claiming they are trying to be honest with the children. This practice can be harmful and painful to the children. This can cause the children to think less of the other parent. Even when the parent doesn’t have an intentional motive to effect the other parent’s relationship with the children. It still does! Children want to love both of their parents. When they feel one parent has harmed the other parent, they can adopt the same attitude of the parent they feel has been mistreated.
  • Children shouldn’t be allowed to decide for themselves whether they will visit with the non-residential parent. Children have no choice. Child visitation is mandatory pursuant to Court Orders. If one parent gives the children a choice and then after the children make a choice of not to visit with the other parent they are compelled to visit, they will usually blame the non-residential parent for not abiding by their decision not to visit with them. This now creates a situation where the non-custodial parent is being victimized by the residential custodial parent. He or she is not able to see the children when they want to. If they force the children to see them, the children become angry with them.
  • Children have toys and other memorabilia that is important to them. They should be allowed to transport these items from the custodial parent’s home to the non-custodial parent’s home. When they are not allowed to do this, it creates disharmony in the children’s lives. Their normal daily routine is impacted on and it results in problems for the parent seeking visitation with his or her children.
  • In the event there has been domestic violence between the parents, it should not be presented to the child that the child is in danger. In most situations involving domestic violence between parents there is absolutely no indication of violence towards the children.
  • If a child cannot present a reason for being angry with a parent it usually relates to parental alienation syndrome.
  • One parent should not have the child act as a spy on the other parent. When the child comes back from visiting with the other parent, he or she should not be interrogated.
  • When a child comes back from visiting one parent and presents that he or she had a good time, it should not make the other parent unhappy. This may cause the child to withdraw and stop communicating with the other parent. It can also make the child feel guilty for enjoying the company of the other parent.

Father's rights lawyerElliot S. Schlissel is an attorney with more than 35 years of experience representing parents regarding custody and visitation issues. He represents clients throughout the Metropolitan New York area. He is available for consultations.

Custody for Fathers

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Elliot S. Schlissel is a father’s rights attorney with more than 35 years of experience representing fathers in custody proceedings.  He and his associates handle all aspects of family law and divorce litigation.  He can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

Co-Parenting After The Divorce

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Elliot S. Schlissel is a father’s rights attorney with more than 35 years experience representing fathers in all aspects of divorce and custody litigation.  He and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by sending an email to schlissel.law@att.net.

After The Custody Battle Is Lost

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Elliot S. Schlissel is a father’s rights attorney with more than 35 years of experience representing fathers in custody litigation.  He and his associates handle all aspects of family law and divorce litigation.  He can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

Custody Litigation

To watch today’s video blog, please click on the link below:

Elliot S. Schlissel is a father’s rights lawyer with more than 35 years of experience representing fathers in all aspects of family law and divorce.  He and his associates are available to discuss the details of your particular situation.  Please call him at 516-561-6645, 718-350-2802 or send an email to schlissel.law@att.net to set up a consultation.

Father Rebuilds Relationship With Daughter and Obtains Residential Custody

father's custody attorneyThis is a story about two young parents who had a daughter in 2003. Shortly after the daughter was born, the child’s mother agreed to have the maternal grandmother raise the child in Franklin County, New York. This gave the mother the opportunity to go away to college. While the mother was attending college, she visited her daughter sometimes on weekends, holidays, and on school vacations.

Father In The Military

The child’s father had enlisted in the military before his daughter was born. He was twice deployed in Iraq. Due to his deployment overseas he rarely saw his daughter. When he was discharged from the military in 2007, the father worked out an arrangement with the maternal grandmother whereby he would have a regular visitation schedule with his daughter. During this period of time he was able to reestablish his relationship with her.

Family Court Custody Proceeding

When the mother returned to New York in 2011, the grandmother moved out of state. A proceeding was brought in the Family Court concerning the custody of the parties’ daughter. The Family Court awarded the parties’ joint legal custody, however the father was named as the residential custodial parent of his daughter. The mother was unhappy with the decision of the Family Court and she appealed to the Appellate Division of the Third Department, an appeals court. The Appellate Division affirmed the prior order of the Family Court. The court took into consideration the mother waited more than 2 years before she sought custody of her daughter. They found this action of the mother was “the most discerning factor” concerning whether or not she should be given residential custody. The appeals court also found the mother did not reestablish herself back into her daughter’s life in Franklin County for the purpose of avoiding the relocation of the child.

Conclusion

Fathers who love their children and are willing to make sacrifices to reestablish relationships with their children can prevail and obtain residential custody.father's rights lawyer