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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.
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.
Grandparents: Custody or Visitation?There are different requirements or situations where grandparents will receive custody than those situations and requirements for grandparents to obtain visitation. The “best interests of the child” is the standard utilized in New York and all other states, in the United States, when determining whether a grandparent should be entitled to either visitation or to have custody of their grandchildren. The following are some of the factors utilized by courts in New York to determine whether it is appropriate to give grandparents either custody or visitation of their grandchildren:
A Best Interest Test
For grandparents to obtain visitation or custody in New York State, they must clearly show it is in the children’s best interests they receive either visitation or custody. In addition, if the grandparents are seeking custody in New York, they must show how this will affect the relationship, if one exists, between the children and their parents.
Conclusion
Grandparents’ rights are hotly contested issues in the courts of New York. If you are a grandparent and you seek custody or visitation of your grandchildren, the best way to ensure the greatest potential for success is to hire an experienced, dedicated grandparents’ rights lawyers.
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.
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.
Judge Douglas Hoffman, sitting in a Family Court Part in New York County, recently had a case before him involving an international custody problem which needed to be determined pursuant to the Hague Convention regarding international child custody issues. The United States is a signatory to this convention. This convention is considered a treaty which has the same enforcement ability as a federal law.
The father took the position in this case the mother had wrongfully kept the children in New York. He argued before the court the children should be returned to their country of habitual residence, Israel.
The parties had entered into a divorce settlement agreement. The agreement was detailed and had specific clauses involving parenting time. The agreement provided the mother would have primary residential custody of the children.
The mother had contacted the father. They had worked out an agreement where the children would come to New York to live with her for a period of one year. She requested the children come with her to New York so she could continue her education in New York.
The father took the position, after the year expired, the mother refused to return the children to Israel. He claimed this action violated the terms of the Hague Convention. The mother took the position the children were now established in New York and they should therefore remain in New York. Judge Hoffman noted in his decision, although the children were comfortable living in New York, they had no objections to returning to Israel. Judge Hoffman found the father had established a prima facie case regarding the wrongful retention of the children in the State of New York. The judge found the father’s testimony was believable while the mother’s testimony, that the father had agreed to allow the children to spend a second year in New York, was not credible.
Judge Hoffman in his decision found the mother’s keeping the children in New York impaired and prejudiced the father’s rights to see his children which was in violation of the parties’ settlement agreement which was incorporated by reference into their 2007 divorce. The judge therefore ordered the mother immediately return the children to Israel.
To watch today’s video blog, please click on the link below:
Elliot S. Schlissel is a father’s rights attorney. He can be reached by telephone at 516-561-6645, 718-350-2802, or by email to schlissel.law@att.net.
United Airlines Flight 897 took off from Dulles Airport at 2:20 PM Eastern Standard Time. During the course of the flight the airline was contacted by federal law enforcement officers. The FBI advised United Airlines a mother on the flight was improperly taking her child back to China. Upon the flight returning, the mother was arrested on suspicion of committing an international custody kidnapping. The child was returned to the father’s custody.
In 2013, a father started a divorce proceeding against a mother. Joint custody was awarded of their 4 year old son. Their son had been born in China and had dual United States and Chinese citizenship. The custody agreement entered into in 2014 specifically prevented either parent from traveling outside the United States without “express written and notarized consent of the other party, provided in advance of the trip.” The mother in this case admitted she was removing the son from the United States without the father’s consent in violation of this express agreement.
International Custody Kidnapping
It is a crime to take or attempt to take a child out of the United States and keep him or her out of the country to prevent another parent from having custody of the child. The problem is, although a parent can be prosecuted for this, in many situations it is very difficult to have the child returned back to the United States. Each and every year, there are approximately 2,000 children who are missing related to international parental kidnaping situations in the United States.
The Law Offices of Schlissel DeCorpo is experienced in representing clients in international custody kidnapping cases.
To watch today’s video blog, please click on the link below:
Elliot S. Schlissel is a father’s rights attorney. He can be reached at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.
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