Custody Change from Mother to Father: Court States This Was The Best Interest of the Child

helping father's win custodySupreme Court Justice John Colangelo sitting in Westchester County recently changed custody from a mother to a father. A post judgment divorce action was initiated involving a 9 year old child.

History of the Case

The mother and father were divorced in 2009. In 2010, the mother had brought a Family Court proceeding for the purpose of modifying the parenting schedule which was initially set forth in the 2009 Family Court Order. The court at that time found the facts required a change in custody. The court found it was in the child’s best interest custody be changed from the mother to the father. The father was thereafter given full legal custody and final decision making. He was also designated as the primary custodial parent. The court found the mother was incapable of promoting a meaningful relationship between the child and his father.

 

The Actions of the Mother

While the mother had physical custody of the child she did everything in her power to prevent the father from having a relationship with his son. She tried to totally separate the two. The court found her responsibility was to encourage a healthy relationship between the father and son and she did the opposite. The court therefore changed custody.

father's rights on Long Island

Father Given Sole Custody Due To Mother’s Interference With His Visitation Rights

father's rights lawyerThe Appellate Division of the Third Department, an appeals court in Upstate New York, recently rendered a decision affirming changing custody from the mother to the father based on the mother’s interference with the father’s rights to visit with the parties’ child.

The parties had initially entered into an agreement whereby the mother was given an award of sole custody. In addition, she was given a one year stay away order of protection against the father.

Father Files Petitions

The father filed a violation petition and custody petition in the Family Court. He alleged the mother had been continually interfering with his parenting time with the parties’ child. There were hearings in the Family Court. The Family Court judge found the mother had not complied with the visitation provisions in the court’s custody orders. The Family Court ordered the custody changed from the mother to the father. The father was given sole custody of the parties’ child. The mother filed an appeal.

The Decision on Appeal

The Appeals Court unanimously affirmed the changing of the custody of the child from the mother to the father. The Appeals Court found the mother had frequently violated the terms and her obligations under the prior court orders requiring her to cooperate with regard to promoting the relationship between the father and child and by refusing to give him his parenting time with the child. Instead of complying with the court orders for long periods of time, the mother simply refused to give the father visitation with the child. The mother intentionally violated court orders on a regular basis.

The Appeals panel took into consideration the fact the mother’s fitness to care for the child had deteriorated. In the end, the appeals court found it was in the child’s best interest to give the father sole custody.custody assistance for father's on Long Island

Custody of Son Changed: Judge Finds Mother Cannot Be Trusted To Be the Custodial Parent of the Parties’ Son

Supreme Court Justice Colangelo sitting in Westchester County recently had an unusual case presented to him. In this case, the mother had paraded her son from one forensic psychologist to another. This was done in a concerted effort to destroy his relationship with this father. In addition, the mother had hired a former actress in soap operas and paid her $57,000 to help prepare her for her starring role as a witness in the custody case involving her son.

The Trial

There was a trial which lasted 18 months before Justice Colangelo. There were 25 days of testimony by the mother alone. Justice Colangelo found she was fixated on destroying the father’s relationship with the son and therefore “cannot be trusted” to make decisions regarding the parties’ son. Justice Colangelo in his decision went on to state “when left to her own devices she misused her decision making authority to trot a mentally healthy child to numerous psychological appointments clearly aimed to deprive him of a relationship with his father – a result that may have, and if allowed to recur certainly will rob [the boy] of his remaining childhood.” Justice Colangelo changed custody from the mother to the father in spite of the recommendations made by the court appointed psychologist and the attorney for the child.

Hired Forensic Psychologist

Justice Colangelo’s decision deals with the issue of parties’ to custody litigation hiring forensic psychologists to promote one parent’s arguments and with regard to the issue of trial consultants preparing witnesses with regard to their testimony. The judge found the mother was evasive during her two weeks of testimony.

Judge Colangelo indicated in his decision the mother had hired Daniel Lobel, a Westchester psychologist, and paid him $6,000 per day to prepare subjective, result oriented testimony. The judge also stated the mother had spent more than 50 hours with a psychologist, Jonathan Gould, who is a well known forensic evaluator, who helped prepare her for her interview with the court appointed forensic psychologist, Stephen Herman, from Manhattan. Justice Colangelo found the mother had met with numerous mental health professionals and a number of lawyers with regard to her desire to “deprive [the boy] of a meaningful relationship with his father.” The judge found “such a goal might have proven laudable had [the father] actually been the abusive monster [the mother] sought to depict.”

Father a Caring Man

Justice Colangelo went on to state there was no evidence presented at trial that the father was anything other than a caring, responsible man who recognized the need for both parents in the child’s life. Justice Colangelo found the mother’s behavior to be “inimicable” to the welfare of the child. The mother’s arguments that the child needed to be protected from his father were completely without merit.

Justice Colangelo in his decision went on to state “absent the imposition of some stringent boundaries on [the mother’s] prerogatives and conduct, based upon her actions to date, [the child] will surely spend the remainder of his childhood being prodded and probed by a constant parade of mental health professionals seeking to find something wrong with a healthy child who needs only a true, loving relationship with both parents.”

It should be noted the mother has appealed this decision.helping father's get custody of their children

Father Seeks to Provide Child Support In the Form of Eggs, Produce and Vegetables

In a case from Upstate New York, Justice Robert Muller sitting in Essex County, New York, Supreme Court had a new and interesting argument presented to him. The case involved a wife who had left the marital residence with the parties’ three children. Two other children of the parties continued to reside with the father.

Custody Issues

Justice Muller was presented with custody issues within the confines of a divorce case. The mother wanted child support for the children living with her and spousal maintenance (alimony). There were arguments made between the husband and the wife with regard to how much each party was earning. Eventually the court ruled the husband should pay the wife temporary maintenance in the sum of $370 per month.

Father Lives on a Farm

The husband advised the court there was a farm located on the land where the marital residence was located. He sought to have the maintenance paid to the wife in the form of meat, eggs, and vegetables from the farm. The father requested the court allow him to pay the child support and maintenance with regard to the various items grown or maintained on the farm.

Judge Robert Muller found this to be an interesting argument. However, the attorney for the father was unable to produce any precedent which authorized one party to pay maintenance and child support payments with food instead of money. The father’s request to pay the child support payments with food was denied.

Conclusion

For those of us who live in the Metropolitan New York area, this seems like a humorous case. However, in Upstate New York, in rural communities, where cash flow on farms can be difficult to obtain, the argument of getting credit for providing food, eggs, produce, meat and vegetables to a spouse to allow her to feed her children, is an interesting argument. Although I don’t believe the entire child support payment should be allowed to be made in food, it is not inconceivable a court in Upstate New York might someday allow child support payments to be made, with regard to parties living on a farm, with a portion of the food, produce and meat raised on the farm.

Elliot Schlissel is a father’s rights attorney. He represents fathers in divorces, custody and child support proceedings. father's rights advocate on Long Island

Court Orders Change in Custody Due To Mother Interfering With Father’s Visitation

custody and visitation attorney on Long IslandThere was litigation in the Family Court between a father and a mother. The father alleged the mother had acted in an obstreperous manner, had interfered with his visitation with the parties’ children in violation of court orders and had created a situation which made it extremely difficult for the father to have visitation. The father claimed the mother’s disruptive, antagonistic behavior was not in the children’s best interest and was having a negative impact on the parties’ child.

A trial was held in the Family Court. The mother had declined to have an attorney and had represented herself during these proceedings. At the end of the Family Court trial, the Family Court Judge found there had been a change in circumstances to the extent a change in custody was warranted due to mother’s interference with father’s visitation rights. The mother appealed this proceeding.

Appellate Court Decision

The Appellate Division for the Third Department (an appeals court) upheld the Family Court’s order finding the mother in contempt and changing custody to the father. The Appeals Court found the mother had violated a prior court order with regard to the father’s visitation rights. The court also found the transfer of sole custody of the child to the father was indicated in the circumstances due to the mother’s contentious behavior. The Court found the mother was aware of the terms of the Family Court order giving the father visitation and she intentionally refused to comply with this court order.

The mother had argued she was denied her right to counsel due to the fact she represented herself. However, the appellate court found she was given the opportunity to retain an attorney and declined to do so. The court also found the mother had engaged in obstructionist behavior during the course of the Family Court trial and her responses to questions were evasive.

The appellate court affirmed the decision of the Family Court giving the father sole custody.

Conclusion

This is a major victory for father’s rights! A mother’s obligations when she is the residential custodial parent is to promote a loving, warm relationship between the children and the father. Interference with a father’s visitation rights is appropriate grounds to change custody from the mother to the father.father's rights advocate and custody modification attorney

Parental Alienation Syndrome: What Is It?

Parental alienation syndrome, which is often referred to as “PAS”, involves a type of behavior of one parent which is designed to disrupt the relationship between a child or children and the other parent. The deprivation of children of a loving relationship with one parent by the other parent can cause the children to experience psychological distress, and the destruction of the relationship with the other parent. When one parent alienates children from the other, this is a type of child abuse.

PAS And How It Is Accomplished

The usual first steps of one parent alienating children from another involve the interference with the non-custodial parent’s rights to have visitation and personal contact with the children. The residential custodial parent is technically obligated to foster the relationship with the children and the other parent. However, in PAS situations, instead of working with the other parent to build a harmonious, loving relationship with the children, one parent interferes with the parenting time and communication of the other parent with the children.

Inappropriate Comments

Negative statements made by the residential custodial parent such as the other parent has abandoned us, has cut us off from money, is a bad person, and similar statements confuses the children and has a negative impact on the children’s respect for the other parent. These actions by the residential parent have a subliminal effect in casting the other parent as a bad, evil, inappropriate person. Even when the children want to maintain a relationship with the other parent, the conflict created by the custodial parent between the custodial parent’s representations concerning the other parent and the children’s love and affection for the other parent creates a conflict that children have difficulty dealing with. What the residential parent is actually doing to the children is conveying his or her negative feelings, dislike and hatred of the other parent to the children and convincing the children to adopt those negative feelings.

Repetition

When the custodial parent continually repeats negative statements, and/or negative incidents to the children concerning the other parent, these statements, even if untrue, end up being accepted as factual by the children. The children replace his or her warm, loving experiences with the other parent with false experiences which destroy the relationship with the other parent.

Conclusion

PAS damages children. Parents who hate each other should not confuse their children or subject their children into being brainwashed into believing they hate the other parent too. Children should love and respect both of their parents.father's rights advocate on long island

The Trial of a Custody Case – Part II

father's rights lawyerTemporary Custody

Sometimes, in divorce cases and Family Court custody proceedings, applications are made for temporary custody orders. These temporary custody orders give one parent or the other custody during the pendency of the case. Unfortunately the wheels of justice tend to turn slowly and the custody cases can sometimes languish in courts for years. A parent who receives temporary custody during this period would have a step up on the other parent in obtaining permanent custody. Therefore all temporary custody orders should be taken very seriously.

A temporary custody hearing is a mini trial within the trial. Preparation for this mini trial on custody should be handled in the same manner as the trial for permanent custody.

Settling the Custody Case

In most situations a settlement is the best route to take in a custody dispute. Joint custody can be worked out where one parent is the residential custodial parent and the other parent is the non-residential custodial parent. The non-residential custodial parent can have extensive visitation with the children to satisfy that parent’s needs to maintain a close relationship with the children. In the large majority of custody disputes this is the best route to resolve this issue. It eliminates the children getting too involved in the custody proceeding and the aggravation and stress of going through the trial.

Conclusion

Although custody cases can be aggravating and traumatic for the parents, it is even more traumatic and difficult for the children involved. Care should be taken that the trial and/or negotiations in the custody case are done out of sight and hearing of the children. The children should be insulated from custody litigation, issues in Family Court, and divorces. Children are designed by God to love both their parents. Frustrating or alienating the children from one parent to another is the worst possible outcome. Children are better off with two loving parents to guide them through life situations.custody litigation assistance for fathers

The Trial of a Custody Case – Part I

father's rights lawyers on Long IslandWinning Custody Trials

Custody disputes are personal. They involve children. Your children. They can be expensive, aggravating, and frustrating. They are not as simple as who is the better parent.

Parents Can Be Imperfect

No parent always does the right thing in every situation. Even the best most dedicated parents have flaws, faults and issues that can be brought up to a court. Attorneys preparing for custody litigation must deal with parents’ strengths and their weaknesses.

Arguments That It Is In The Children’s Best Interests That You Receive Custody

Your custody case should have a theme based on the theory the children’s best interests are better served with you receiving custody of them. This theme must be developed to deal with specific facts involving you and your children. This must also be developed to show giving the other parent custody would not be in the children’s best interests.

Why A Parent Seeks to Have Custody

There are many reasons why parents want custody of their children. Your attorney should discuss with you your real motives for having custody of your children. Be advised, avoiding paying child support is not an appropriate reason for wanting custody of your children.

Client’s Conduct in Custody Lawsuits

If you are involved in litigating a custody case, you must assume the other parent is trying to find “dirt” on you. You should be careful as to what you say and what you do. You should avoid writing things down on paper. Don’t be surprised if the other parent is trying to intercept your phone calls, read your emails, and speak to your friends, relatives, paramours, and neighbors about information to be utilized in the custody trial against you.

Evidence in Custody Trials

Custody matters are brought in front of judges. There are no juries in custody cases. There are generally two types of evidence submitted at custody proceedings. Documentary evidence which involve documents of a certain type and nature that can be presented into evidence and live testimony of witnesses. It is often necessary to have a live witness testify to get documentary, written, evidence into the record. The rules regarding the presentation of evidence are quite complicated. This is a matter you should discuss in detail with your attorney prior to the trial as to which documents will be presented and how those documents will be presented into evidence.

Witnesses must present facts. These facts should be about the child’s life and how one parent or the other has had an affirmative or negative impact on the child’s life.custody litigation attorneys

Halle Berry Paying $16,000 Per Month For Child Support Payments

father's rights attorneys and advocatesHalle Berry has been involved in a long, drawn out litigation involving child custody and child support. She was recently ordered to pay $16,000 in child support payments to Gabriel Aubrey with regard to supporting the parties’ six year old daughter, Nahla. This child support has to be paid by her each month until Nahla is 19 years old or graduates high school, whichever event should occur first. In addition, Halle Berry was ordered to pay $300,000 in legal fees to Gabriel Aubrey and $115,000 in retroactive child support payments. It is reported these sums are pursuant to a settlement of a case involving Ms. Berry and Mr. Aubrey which had been pending in Los Angeles Superior Court.

History Between the Parties

Halle met Gabriel in 2005. Halle Berry is an Academy Award winning actress and Gabriel Aubrey is a Canadian model.

Relocating to France

At one point during their legal battles, Halle Berry brought a proceeding to relocate her daughter to France. She was unsuccessful in this proceeding. At the present time, both Berry and Aubrey have joint custody of the parties’ six year old daughter. However, Aubrey is the residential custodial parent.

Last year, Ms. Berry gave birth to another child with her current husband, Oliver Martinez.

father's rights lawyer on long islandElliot Schlissel is a father’s rights attorney. He represents fathers in custody litigation, child support litigation, and issues involving visitation rights and parenting time.

Dealing with Child Protective Services – Part I

Most parents spend their lifetime supporting their children, protecting their children from harm and helping their children become successful, productive human beings. When a parent is accused by Child Protective Services (hereinafter referred to as “CPS”) of abuse or neglect it could create a conundrum for the parents. CPS’ job is to investigate allegations made anonymously concerning issues involving child neglect and child abuse. When a parent hears from CPS, the normal reaction for the parent being investigated is to be upset, angry and scared.

Child Protective Services’ Investigations

When a Child Protective Services worker comes to your home, he or she is looking for signs of child abuse or child neglect. They are interested in finding out whether a child or children have been either physically or emotionally abused. Their job is to find evidence of abuse or neglect. Their job is not to seek out information to clear you with regard to the allegations that have been made against you. When a Child Protective Services worker comes to your home, if he or she finds that your home is unsafe or inappropriate for raising children, the worker can go to court and obtain a court order to remove your children to a safe foster care family. The worker may also make recommendations to you with regard to steps to be taken to make your home safer and more appropriate for raising children.

Should You Cooperate With Child Protective Services’ Investigators?

When the CPS investigator comes to your house, the first thing you should do is get his or her name, their phone number, email address, and the name and address of the agency they are working from. The question then becomes should you allow them into your home? Should you allow them to speak to your children privately? The answer to these questions depends on the circumstances and allegations made against you. In addition, it depends on what the Child Protective Services worker will find in your home. It is strongly suggested, when allegations of child abuse or neglect are made against you, that you consult with an attorney and discuss whether you should give admittance to your home to the Child Protective Services worker and/or allow them to talk to your children.

Be Polite

Under all circumstances, it is important that you act polite and appropriate and not hostile when dealing with the Child Protective Services worker. Should you decide not to let them meet with your children or speak with them, politely tell them that you will be happy to talk with them in the future after you have consulted with an attorney.father's rights advocate on long island