Chat Banner

Can We Help You?

Factors Considered in a Relocation Application

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

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.

The Factors Considered By The Court In Determining Custody

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 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

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 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.

Mother’s Request to Relocate Children to Texas Denied As Not Being In The Children’s Best Interests

Attorney for fathers in relocation disputesA mother had brought a proceeding in the Family Court requesting she be allowed to move with her children to Texas. The Family Court denied her application. She thereafter brought an appeal to the Appellate Division of the Third Department, an appeals court. She claimed the Family Court had applied an incorrect standard in rejecting her request to relocate herself and the children to Texas. She claimed the Family Court’s decision denying her relocation application on the ground she failed to show a sufficient change in circumstances to warrant this relocation was not the appropriate standard to be used by the Family Court in this proceeding. At the time of the trial in the Family Court, the mother testified she wanted to relocate to benefit from the economic and emotional support she would receive in Texas from her father and other members of her family who resided there.

Father Fights Mother’s Relocation Application

The children’s father opposed the mother’s relocation application. He took the position it was a detrimental move to his relationship with the children.

The Appeal’s Court denied the mother’s application to relocate. They found the decision made by the Family Court was correct. They stated although no change in circumstances must be established to support a relocation petition, the mother had failed to show the relocation of the parties’ children to the State of Texas would be in their best interests. The Appeal’s Court considered all of the relevant factors with regard to the relocation of the children. They took into consideration this relocation would have a negative impact on the children’s well established relationship with their father and his family who reside in New York.

Conclusion

Father’s relationships with their children are important. Appeal’s Courts should not approve relocations which will destroy or have a negative impact on the father’s relationship with the children unless there is sufficient evidence to show the children will benefit from this relocation.

Father's rights attorney on Long IslandElliot S. Schlissel is a father’s rights attorney who litigates relocation cases.

After The Custody Battle Is Lost

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

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

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.

Custody Litigation

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 all aspects of custody litigation and family law issues for more than 35 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.