Child’s Surname Changed to That of His Father

child custody attorney on Long IslandIn a case before Supreme Court Justice Eugene Faughnan from Madison County, New York, a father sought to change the last name of his son. The father claimed he had had custody of his son since the boy was three months old. The mother only had eight hours of supervised visitation each week. Justice Faughnan found the father’s requested name change would promote the child’s best interests. In addition, Justice Faughnan found the mother had failed to come forward with any sustainable objection to the father’s request to change his son’s last name to his.

The Name Change Was In The Child’s Best Interest

Justice Faughnan held the sharing of a surname by a child and his father he lived with was a legitimate issue. He found that it minimized “embarrassment, harassment and confusion in school and social context.” The judge in his decision found the father obtained custody of the child shortly after birth. The mother only had supervised visitation because of her prior misconduct. In addition, Judge Faughnan found the mother had never provided the child with any financial support. The court therefore was satisfied the father had met his burden of proof for the proposed name change and that this name change would be in the child’s best interest.

father's rights lawyer in New YorkElliot S. Schlissel is a father’s rights lawyer. He represents fathers on custody, paternity, visitation (parenting time) cases in both the Supreme Court during divorce proceedings, and in the Family Courts. He practices law throughout the Metropolitan New York area.

Father Given Custody of Special Needs Child

child  custody attorney for fathersA father, J.M., sought custody of his special needs child who had autism. He claimed the child should remain with him because he had been a primary caretaker since January 2012. The wife cross-moved for custody. She claimed the husband was unfit and sought custody of G.M. She denied various family offense charges which had been brought against her and that she used illegal drugs.

The Divorce Case

Justice Catherine DiDomenico sitting in the Supreme Court in Richmond County was assigned to handle this divorce case. After reading the facts and circumstances of the case she found joint custody was not an appropriate option. She held the relationship between the father and mother was both acrimonious and volatile. In her decision, she found the child’s teacher had stated G.M. had thrived while she was temporarily in the father’s custody. In addition, a forensic evaluator who investigated the circumstances and events of the relationship between the mother, the father and G.M. recommended the father should have physical custody and the mother should be granted parenting time.

Mother Failed To Abide By Court Orders

In addition, the court found the mother refused to follow court orders. She further found the mother disrespected authority and had issues over a long period of time concerning prescription drugs and illegal drug usage. The judge found based on these circumstances and the fact that there was domestic violence between the father and the mother, the father was the more suitable custodial parent for G.M. Her decision stated in this case there were “two imperfect parents.” She found both of them used marijuana on a regular basis. She found the father had tested negatively for marijuana use for a longer period of time than the wife. She also found the father was better suited to create a relationship between the mother and the child if he was given custody. She therefore entered a decision awarding the father sole legal and physical custody.

father's rights attorneyElliot S. Schlissel is a father’s rights attorney. He has been helping fathers obtain custody of their children for more than 45 years.

Father Rebuilds Relationship With Daughter and Obtains Residential Custody

father's rights advocateThis 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

Custody Litigation

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Elliot Schlissel is a father’s rights attorney.  He has been representing fathers in all aspects of custody litigation and family law issues for more than 45 years.  He and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

Appeals Court Sets Aside Decision Giving Mother Sole Legal and Physical Custody of Child

A mother had brought a Family Court proceeding requesting sole custody of the parties’ child. The parties had initially been granted joint legal and shared custody of their child. They had also agreed to a “corrected” custody order. The Family Court after a fact finding hearing rendered a decision which found the father had twice violated the prior joint custody order. The Family Court therefore ordered the mother have sole legal and physical custody. The court had noted the father had failed to comply, pursuant to his own testimony, with the provisions of the joint custody order. The court therefore found they should not disturb the finding he was in willful violation of the court order. Based on this willful violation, the Family Court granted the mother’s petition giving her sole legal and physical custody of the parties’ child.

The Appeal

The father had appealed the Family Court’s decision. The Appellate Division of the Third Department, an appeals court, found the relationship between the mother and the father was not so acrimonious as to prevent them from having joint custody. The appeals court also noted the father’s basis for seeking sole custody stemmed not from an expressed inability to get along with the mother but was instead related to her stability. She had documented mental health and alcohol dependency issues. The appeals court in its decision stated neither the father nor the mother showed a sufficient change in circumstances which would cause the modification of the original custody order. The Family Court was therefore mistaken in awarding sole legal and physical custody to the mother. The appeals court reinstated the original joint custody order and sent the case back to the Family Court to work out the details.

Conclusion

Courts are becoming more and more attuned to protecting father’s rights to maintain relationships with their children.father's rights advocate

Relocation Issues

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Elliot S. Schlissel is a father’s rights attorney who has been helping fathers maintain relationships with their children for more than 45 years.  He and his associates represent fathers in all aspects of matrimonial and family law.  Elliot can be reached for consultation by calling 516-561-6645, 718-350-2802 or by sending an email to schlissel.law@att.net.

Mother Prevented From Removing Child From The Country

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Elliot S. Schlissel is a father’s rights attorney.  He has been representing fathers in all types of family law matters and divorce issues for more than 45 years.   He and his associates work diligently to help fathers in custody cases, visitation proceedings, and in handling relocation issues to allow the fathers parenting time with their children.  Elliot can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

Dueling Custody Petitions

Please click on the link below to watch today’s video blog:

Elliot S. Schlissel is a father’s rights attorney who has been representing fathers for more than 45 years in all aspects of family law court proceedings.  He handles custody matters, visitation agreements, divorce cases, and child support issues.  Elliot and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

Custody Legal Battles – Part II

father's rights attorney on Long IslandCustody Issues Before Litigating

Discuss settlement possibilities with your attorney and the realistic potential you will be successful if you take the custody case to trial. Custody battles can be emotionally taxing and expensive. Unless you are willing to fight the battle to the end and pay the expenses related to the battle, you should consider settling and obtaining the best possible parenting time access situation with your children.

Child Support and Custody Issues

It is extremely important the court not feel you are litigating the issue of custody to avoid paying child support. If the court feels the custody battle is a camouflaged issue involving child support it will have a devastatingly negative effect on your possibilities of obtaining residential custody of your children. It should be pointed out in New York, even if you settle a case with both of the parents having equal time with the children, the parent who earns more money will pay child support to the other parent.

Settling and Schedules

Work out your schedule prior to discussing settlement on custody and parenting time issues. Know what your schedule is. See if your family and friends’ can provide a support system. Have a back up system to help you take care of your children in the event you have an emergency, either related to work situations, illness, accidents of family members, or health issues involving yourself.

Parenting Time Schedule

The standard parenting schedule for the non-residential custodial parent is every other weekend, every other holiday, one or two dinners during the week and access on Father’s Day and the child’s birthday. If you are going to settle the case, negotiate for more than the standard visitation schedule. Customize the parenting time you spend with your children to deal with your work and life circumstances.

It is important you take into consideration the interaction your children have with your parents (their grandparents) and other family members. Children enjoy spending time with their cousins and other children of a similar age to them. Make sure your home is set up to provide a stimulating atmosphere for the children when they spend time with you. Children get bored very easily. You need to carefully take into consideration the children’s needs to be entertained, excited, and intellectually challenged.

Cordial Relationship With The Children’s Mother

This is a topic I have spent many hours discussing with my clients. You may be getting divorced because the children’s mother is a lousy human being. You may be divorcing her because you hate her guts. You also may be divorcing her because you consider her to be simply a pain in the butt. However, she is still always going to be the mother of your children! When the case is over, the court proceedings have finished, and the lawyers are gone, you are going to need to deal with her. This may require more character, patience, and reasonableness than you even needed to use when you interacted with her while you were married. Take into consideration your communication with the children’s mother promotes the children’s best interest. Put your children’s best interests over and above the anger, anxiety, and problems you have with their mother. Deal with her as best as you can. Even if you litigate a very nasty custody battle, at the end of the day you are still going to need to deal with her. Get used to it. For the sake of your children, put your pride, anger and aggravation aside!child custody lawyer

Custody Legal Battles – Part I

father's rights attorneyIn a situation where you are a father who has had an active relationship with your children, and you are now facing a divorce, what should you do to maintain your relationship with your children? To start with, you should do everything in your power to maintain the relationship you had with your children while your marriage was intact after your marriage breaks up. This means you should spend as much quality time with your children as is reasonable. To become the residential custodial parent, showing you are the nurturing parent involved in your children’s daily lives is extremely important. You should seek to have, at a minimum, equal parenting time with your children. If your custody issues are going to be litigated before a judge, you must develop a strategy so you can demonstrate to the court you are involved in the children’s activities on a daily basis. You must show you have a support system, which will help take care of your children while you are working or unavailable. You must provide the court with a realistic presentation demonstrating how you having custody of the children will be in the children’s best interests.

Finding the Right Lawyer

If you are a father who seeks custody of your children, you must choose an attorney who understands your motivation and your desires. Fathers are currently entitled to equal rights to obtain custody of their children. However, even though on paper fathers have equal rights to obtain custody of their children, statistics indicate there is still a bias within the legal system favoring mothers. The attorney you choose to represent you should have experience regarding father’s rights issues. He or she should have a history of representing other fathers in custody disputes. You do not want an attorney who is just getting started and using you as a guinea pig in his efforts to develop a winning strategy on father’s custody cases. Before hiring an attorney, read about the attorney online. Look into his or her previous experience in representing fathers in custody cases. Check to see if he or she has published articles with regard to custody issues concerning fathers.child custody attorney