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Elliot S. Schlissel is a father’s rights attorney. He represents fathers in custody litigation, child support litigation, and issues involving visitation rights and parenting time. He and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.
Going through a divorce can be very stressful. This is true even when the divorce is settled out of court and not litigated. When the parties to the marriage have children, a parenting plan is often recommended to promote the children’s best interests. Parenting plans deal with issues concerning parenting time, child support, and where the children will live. Parents’ chief concern regarding their children should be their children’s stability and mental and physical health.
After a divorce is concluded, the parents must maintain a high level of communication with regard to their children. Issues such as the children’s schoolwork, their daily routines, their social and sports related schedules, as well as how they are doing in school and their behavior should be discussed between parents. Co-parenting involves parents working together for the health and well being of their children. The following are a variety of suggestions to help parents successfully develop post divorce co-parenting schemes:
Parents who strive to incorporate the aforementioned bullet points into their parenting plans will have a greater level of success in co-parenting their children. The primary beneficiaries of their success will be the health and general welfare of their children. In essence, parents simply need to put their love of their children over and above all other needs and conflicts between each other. 
Please click on the link below to watch today’s video blog:
Elliot S. Schlissel is a father’s rights attorney who was has been representing fathers for more than 45 years. Elliot and his staff of attorneys handle divorce cases, child custody and visitation, and all aspects of family law proceedings. 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.
Children’s Best InterestsA gender neutral standard is utilized by courts in New York State to determine custody based on what is in the children’s best interests. There are a number of factors which courts consider on the children’s best interest issue. Among those factors are the following:
Custody Litigation
If the issues concerning custody and parenting time cannot be resolved amicably, custody litigation ensues in both the Family Courts and the Supreme Courts in the State of New York. When these matters are litigated, each of the parents has the right to show how giving custody to him or her would be in the child’s best interests. The parent’s gender no longer is a consideration in determining who should receive custody of the child or children.
Children Need Both Parents
All children have one father and one mother. Custody litigation is not a winner take all situation. Even if one parent receives sole custody of the children, the other parent should be entitled to extensive parenting time with the children. The best way to handle custody issues is to try to resolve them out of court. Litigation itself may create levels of animosity which is detrimental to the children.
There was a time in the 1970s when it was almost a foregone conclusion mothers would receive custody of their children unless they were unfit. Custody today is determined without discrimination as to the gender of the individual asking for custody. Mothers are no longer first on the custody line! The theory that mothers, because of their biology, are a better parent is a debunked myth. Mothers no longer automatically receive custody. The “tender years doctrine” which held mothers should receive custody of young children because a mother had a greater ability to provide love and care for young children and were better suited to meet young children’s needs is no longer accepted in the courts of New York. The argument that mothers had some type of biological superiority to become the residential custodial parent of children is now considered to be only a myth.
Fathers play an extremely important role in raising their children today. Fathers who are the principal caretaker of their children are becoming more and more common in America. Changes in who will receive custody of their children have been impacted on by changing gender stereotypes. The courts giving equality to both sexes concerning the issue of who should be the child’s custodial parent. The development of father’s rights attorneys who effectively litigate on behalf of fathers seeking custody of their children have also impacted on helping fathers receive custody.
Please click on the link below to watch today’s video blog:
Elliot Schlissel is a father’s rights attorney. He has been representing fathers in child custody matters, visitation issues and all other aspects of Family Law 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.
Please click on the link below to watch today’s video blog:
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.
Can 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.
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:
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!
Justice Matthew Cooper sitting in the Supreme Court Divorce Part in New York County, recently had a case before him involving dueling issues regarding child support. In this case the wife had sought temporary custody of the parties’ child. She also brought an application for a temporary award for spousal maintenance, child support and in addition asked she be awarded temporary attorney’s fees in this divorce case. The husband brought his own cross application. He also asked for temporary custody. He opposed all other aspects of the wife’s application.
Justice Cooper found the issues concerning custody were premature at this time. In his decision, Justice Cooper stated there were no exigent circumstances presented in this case. A custody determination would not need to be done on a temporary basis. He found custody was an issue to be determined after a full trial. He therefore denied both the motion by the wife for temporary custody and child support and the cross motion by the father.
In addition, Justice Cooper found, based on where the child spent overnights, the child spent more time with the father than with the mother. Therefore for purposes of determining child support he found the father was the residential custodial parent. This was another reason for turning down the wife’s request for child support.
Temporary Spousal Maintenance (Alimony)
Justice Cooper went through the mathematics concerning the statutory temporary spousal maintenance awards. He found that $3,506 was the mathematical amount the temporary maintenance award law required. However, he found based on a variety of factors under New York Domestic Relations Law, it was appropriate to make a downward deviation to prevent injustice. He therefore awarded the wife temporary spousal maintenance of only $650 per month. This was the same amount the father had previously been paying her on a voluntary basis. In addition, he awarded the wife $5,000 in attorney’s fees.
Conclusion
Fathers should not be shy about litigating issues of custody. Fathers have equal rights to obtain custody of their children.
To watch today’s video blog, please click on the link below:
Elliot S. Schlissel is a father’s rights attorney with more than 35 years of experiencing representing fathers in divorce, child custody and visitation proceedings. 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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