Why Do It Yourself Divorces Are a Bad Idea

April 21, 2014 By

father's rights lawyersThere are a number of companies advertising on the internet do it yourself divorces. These companies are usually run by paralegals or individuals with computer experience. Generally the individuals involved with these companies are not lawyers. The companies provide forms which they claim were developed by attorneys. They claim that these forms are all you need to handle your own divorce.

Do It Yourself Divorce Forms Not Appropriate in All Cases

The forms by the do it yourself divorce companies may be accepted by some courts. However, these forms do not provide a divorce specifically designed for the circumstances of you and your family. These do it yourself divorce companies do not provide legal representation or legal advice. Sometimes by utilizing these forms you can do more harm than good to your family situation. Numerous individuals who have used these pre-prepared forms have made significant mistakes that cost them money, lost custody of their children, and resulted in their being forced out of their home.

Amicable Divorce

The large number of couples using these divorce forms are generally on good terms. They use these forms with the hope of saving money. However, very simple, uncontested divorces are those which are the least expensive to hire an attorney to handle.

Protecting your assets, receiving custody and/or visitation with your children, keeping your home, are among the more serious issues that you should utilize an attorney to protect your interests regarding. There are numerous assets subject to equitable distribution in divorce cases. These assets include homes, individual retirement accounts, 401(k) plans, pension plans, 403(b) plans, businesses, professional licenses, stocks, bonds and all types of other assets. Using pre-prepared divorce forms won’t help you protect your rights to a portion of these assets.

Medical Insurance

Medical insurance can be expensive. There are specific rules in New York with regard to each spouse having availability of medical insurance in the event of a divorce. Medical insurance is also important for your children. Divorce kits won’t help you concerning this issue.

Hidden Assets

Has your spouse provided you with information with regard to all of his or her assets? You are entitled to this information. You are entitled to receive a net worth statement from your spouse disclosing all of his or her assets.

Debts are another issue in a divorce. Who is going to pay the credit card bills, the personal loans, and the car loans? The divorce laws in New York deal with the allocation of these debts. An attorney who handles divorces would be in a position to see to it that your rights are protected concerning issues involving the payment of debts.

Child Support, Spousal Maintenance, Visitation and Custody

If you have children it is extremely important to protect your children’s rights to live up to the standard of living they experienced during the course of the marriage. Custody issues and visitation issues are very complex. If your spouse gets custody of your children will she be able to move to California, New Zealand or Puerto Rico? A properly drafted settlement in divorce will see to it that your spouse cannot move the children so far away that would interfere with your visitation.

There are numerous other issues such as Social Security benefits, Medicare, Medicaid, college expenses for children, child care expenses, day camp expenses, uncovered medical, dental, orthodontia, and so on.

Elliot S. SchlisselConclusion

I hope this article has opened your eyes as to why attorneys are important in representing clients in divorces.

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Father Named Son’s Guardian

April 15, 2014 By

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.

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Father Receives Custody of Biological Child and Non-Biological Child

March 25, 2014 By

fathers rights lawyerThe Appellate Division of the Third Department, an appeals court, recently upheld a decision of a Family Court Judge granting a father custody of his biological child and a child he was not biologically related to.

The father and the mother were married. They lived together with two children. The father was the biological father of the younger child and not biologically related to the older child. The parties entered into a separation agreement. Pursuant to the agreement, the parties agreed to have joint legal custody of the children with physical custody of the children to the mother. The father had parenting time with the children.

The mother thereafter consented to a finding of neglect regarding both children. The court at that point ordered joint physical custody of the older, non-biological child be maintained between the parties. Each party was to have custody on alternate weekends. The mother still kept the physical custody of the younger child. The father only had visitation with the younger child.

Father Seeks to Modify Court Orders

The father brought proceedings seeking to modify the visitation arrangements with regard to both of the children. In these modification petitions to the Family Court, he asked for sole custody of both of the children. The Family Court initially entered an order granting him physical custody of both children and granting parenting time to the mother. Thereafter a petition was filed by the father alleging the mother had violated the temporary visitation order of the Family Court. Thereafter the Family Court granted residential custody of both children to the father and gave the mother liberal parenting time.

The mother had appealed the last order. The appeals court held there was a sound and substantial basis for the Family Court awarding custody of the children to the father. They took this position because the father was providing a more stable home and he had shown that he was capable of taking care of both of the children’s needs.

Conclusion

help fathers fight for custody It is possible for fathers to gain custody of both children they are biologically related to and children they are not biologically related to!

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Father’s Consent Needed For His Children To Be Adopted

March 7, 2014 By

Keith Jay was the biological father of twin boys. The Department of Social Services brought a proceeding against the boys’ mother. This proceeding sought to terminate the mother’s parental rights and allow the twin boys to be adopted.

Keith Jay intervened in the proceeding. He requested a court order stating that since he was the father his consent was required before his children could be adopted. The Department of Social Services took the position they were only required to provide notice to Keith concerning the adoption of his children because Keith had fallen behind in his child support payments to his children. Keith was able to show the court he had maintained regular contact with his sons. In response to the Department of Social Services contention that he had not paid his child support payments, he provided documentation to the court his tax refund was seized to pay for his child support obligations.

Seized Tax Refunds Satisfy Child Support Obligations

Judge Ellen Greenberg, sitting in a Family Court Part in Nassau County, held the tax refunds that were seized, which belonged to Keith, did satisfy his financial obligations to make child support payments for his children. Judge Greenberg took the position that she saw no distinction between involuntary payments of child support through a wage garnishment order or the seizing of tax refund checks and the voluntary payments of child support by a father. She therefore concluded even though Keith had never shown any interest in becoming the custodial parent of his children he is deemed to be the father of the children and his consent would be required before the children could be adopted.

custody assistance for fathersElliot Schlissel is a father’s rights lawyer representing fathers throughout the Metropolitan New York area with regard to child custody and child visitation proceedings.

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Father Granted Physical and Legal Custody of Daughter

February 21, 2014 By

father's rights attorneyJudge Michelle Schauer sitting in the Family Court in Westchester County recently dealt with a difficult custody case. The father and mother of the child, Madison, were not married. Both of them had submitted applications to the court for sole legal and physical custody of their daughter. A custody agreement was worked out. The agreement had a parenting plan in it. Shortly after the agreement was executed, the father brought a proceeding in the Family Court of Westchester County before Judge Schauer claiming the mother had violated the terms of the parenting plan contained in the custody settlement agreement.

Mother’s Behavior Concerning Child Questioned by Court

Father alleged that the child’s day care provider had raised serious concerns about the mother’s behavior at the time her diaper was being changed. An investigation was undertaken by the Administration for Children’s Services. The investigation determined that the allegations regarding sexual abuse of the child were unfounded. In spite of this determination, Judge Michelle Schauer granted the father temporary custody. The mother had argued that there was no change in circumstances involving the child, Madison, that would suggest that a temporary change in custody was needed. However, during the course of the proceedings, the mother’s older daughter revealed to a teacher that she had been molested. An issue was presented to the court that because of her being molested she might become a perpetrator who would sexually molest Madison. The court felt the mother had exhibited a complete inability to recognize and deal with her older daughter’s serious emotional problems. The judge stated in her decision this was a significant factor in making a determination it was in Madison’s best interests to give custody to the father. The court specifically found the father was the more fit parent. He was granted sole legal and physical custody of Madison. The mother was granted visitation with the child.

custody help for fathers

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Mother Loses Custody: She Interfered with Father’s Visitation

December 4, 2013 By

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.

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Joint Custody Does Not Relieve Both Parents From Paying Child Support

November 15, 2013 By

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.

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Fathers Have the Same Rights in Custody Matters as Mothers

November 8, 2013 By

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

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Custody Changed Where Mother Alienated Children Against Father

November 4, 2013 By

father's rights lawyerReferee Dean Richardson-Mendelson, sitting in the Family Court of Rockland County, recently had a very disturbing case presented to him involving parental alienation of three children by a mother against their father. In this case, the father sought to modify a previously entered Judgment of Divorce. The settlement in the divorce case had granted both the mother and the father joint legal custody of the parties’ three children. The father now sought sole legal custody and sole physical custody of all three children due to the mother’s relentless program of parental alienation of the three children against the father.

Father’s Parenting Time in the Judgment of Divorce

In the original Judgment of Divorce the father was granted parenting time on alternating weekends. In addition he had two dinner visits with the children during the week. Pursuant to the Judgment of Divorce the father had parenting time on alternating holidays in addition to the standard weekly visitation.

Court Grants Sole Legal Custody and Physical Custody to Father

Referee Dean Richardson-Mendelson found the mother had systematically over a period of time, engaged in parental alienation of the children. Her actions were of such a nature to prevent the father from having a relationship with his children. Referee Richardson-Mendelson found the mother’s actions were systematic and designed to sabotage the father’s relationship with his children.

The Court noted in its decision the children maintained a negative view of the father that was not related to the actual reality of the parental situation between the father and the children. He further found the distortion in the relationship between the children and the father was caused by the mother’s relentless campaign of negatively influencing the children against the father. The court ordered a change in custody of two of the three children. Unfortunately, the court found that the third child was so indoctrinated by the mother to hate her father, he was concerned that she would run away.

parental alienation assistanceElliot S. Schlissel is a father’s rights lawyer representing fathers throughout the metropolitan New York area for more than 45 years with regard to custody, visitation and divorce related issues.

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Child Support: Are You Paying Too Much?

November 1, 2013 By

father's rights lawyerIn the State of New York, the non-residential custodial parent must pay child support to the residential custodial parent. There are specific requirements in New York concerning how much child support the non-residential custodial parent must pay. Generally speaking, the non-residential custodial parent must pay the residential custodial parent 17% of gross wages, less FICA, for one child, 25% for two children, 29% for three children, 31% for four children and 35% for five children or more.

The parent paying the child support is entitled to deductions for the amount he is paying in spousal maintenance (alimony) or child support for another child. In addition to paying these prescribed child support amounts pursuant to the Child Support Standards Act (a federal law enacted in all 50 states), the parent must additionally make contributions towards child care expenses and health care expenses.

Change in Financial Circumstances

Your child support expenses do not change if you lose your job, get downsized, become too ill to work, or retire before the child reaches the age of majority. To reduce your child support expenses, you either have to enter into an agreement with the other parent and have that agreement So Ordered by a judge or you have to bring a petition in either the Family Court or the Supreme Court (if you were divorced or a matrimonial action is pending) to reduce your child support obligations. The court can only award a reduction of child support starting on the date you brought your initial petition to the court. The child support reductions will not be retroactive to the time that you had the change in your financial circumstances which caused you to bring the application to court to reduce your child support expenses.

Child Support and Father’s Rights

Many fathers who have dealt with the Family Courts in the State of New York have come to the conclusion when the mother seeks custody of the children, the Courts tend to favor the mothers. Fathers need to be very aggressive when bringing an application to reduce child support payments. The best manner for a father to handle these matters is to hire an experienced dedicated father’s rights lawyer to represent him in these proceedings. There are a variety of technical aspects to downward modifications of child support a father must satisfy to convince a judge to reduce his child support obligations.

Father Loses His Job

Just because a father loses his job does not automatically entitle him to a downward modification of child support. The father must prove in court the loss of the job was not because he had done something wrong and also show the court through documentary evidence he has used due diligence to obtain other employment.

Is There Fairness in Child Support Orders?

I have been practicing law for more than 35 years. There are numerous times each month where I am presented with a case where the standard rules concerning child support may be unfair to a father paying child support. Since each case has its own unique circumstances, my office provides a roadmap as to what is necessary for the client to be successful in a proceeding for the downward modification of child support. We help gather the evidence and prepare the client for the necessary court appearances. If the case is properly prepared and properly presented a court will usually grant the downward modification of child support.child support attorneys

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