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.

Filed Under: Fathers Rights Tagged With: , , , , , , , , ,

Visitation Problems

October 31, 2013 By

father's rights lawyerVisitation problems with children usually involves one parent interfering with the parenting rights of the other. Parenting plans are usually established in divorce judgments, settlements in divorce cases, settlements in Family Court, judicial rulings on custody and visitation issues. Usually one parent is the residential custodial parent, meaning the child lives with this parent and the other parent has visitation (parenting time) with the child or children. So what do you do if one parent does not comply with the terms of the court order or parenting agreement? In the short run it is important to document the interference with visitation rights. A written diary should be maintained documenting each and every instance of one parent interfering with the other parent’s access or parenting time with the children.

Sometimes a mediator can be utilized to try to work out parenting time issues. If the parenting rights issue cannot be amicably resolved, it is strongly suggested you retain an attorney experienced in handling custody, visitation, and parenting rights issues. There are specific standards utilized by the courts in cases involving changing custody. Courts generally look for a change in circumstances before they will issue an order changing the residential custodial parent.

Reason for Change in Visitation Schedules

Life is not stagnant. Parents may seek to relocate. Employment of one or both of the parents may change, and with this change there may be a different work schedule that does not work well with the prior visitation order or visitation agreement. If visitation (parenting time) arrangements need to be changed and the parties cannot amicably work this out between them, a petition must be submitted to the Family Court or if the parties had been divorced, an application can be brought to the Supreme Court to modify the terms of the divorce related to the visitation/parenting time schedules.

Courts will utilize the standard of what is in the children’s best interest when dealing with custody and visitation issues. Protecting the children and allowing the children to reach their maximum potential and live a happy life is more important than the sometimes ping pong ball type of pulling back and forth between parents regarding visitation issues. If one of the parents does not live up to his or her responsibilities under Court Orders or visitation agreements this should be brought up to the judge handling the case and may be a ground for a change in custody.

How Much Visitation is Appropriate

It is in the child’s best interest to have two dedicated loving parents. Courts are moving towards giving the parent the child doesn’t live with as much visitation as is practical. Children that have two parents who want to spend time with them are blessed. The children should be allowed to grow and prosper as individuals within the love and understanding of both parents.help for caring fathers

Filed Under: Fathers Rights Tagged With: , , ,

Change of Circumstances Necessary for Court to Change Custody

October 16, 2013 By

fathers rights lawyerIn a case in Westchester Family Court decided in August 2013, Judicial Hearing Officer Howard Spitz dealt with competing applications by both the mother and the father to modify a So Ordered Stipulation of Settlement granting physical custody to a child’s mother. Both the father and the mother filed petitions with the Family Court seeking to have custody changed to sole custody for them.

Forensic Evaluator Appointed

The Court ordered an independent forensic evaluator be appointed. The evaluator was ordered to write a report concerning the competing custody petitions. The report of the forensic evaluator called the mother a “restrictive gate keeper.” The report by the forensic evaluator recommended the court grant the father sole custody.

The attorney for the mother hired an independent expert to provide his own forensic report. The expert hired by the mother’s counsel, testified there were deficiencies and major flaws in the report of the court appointed evaluator. Judicial Hearing Officer Spitz found there were “errors of omission by the court appointed independent forensic evaluator.”

Failure to Prove Change of Circumstances

Judicial Hearing Officer Spitz in his decision stated neither the mother nor the father were able to establish a sufficient change in circumstances to warrant a change or modification of the custody arrangement worked out in the 2008 Stipulation of Settlement.

Judicial Hearing Officer Spitz’s decision found the child was well adjusted, didn’t have anxiety, and was a good student. His decision stated giving one parent all decision making authority and awarding that parent sole custody was not in the child’s best interest. Both the father’s and the mother’s petitions were denied. The court did change decision making authority from the mother to the father concerning all issues involving education and financial matters.advocate for fathers

Filed Under: Fathers Rights Tagged With: , , , , , , , , , , , ,

Center for Urban Families in Baltimore Helps Fathers

October 11, 2013 By

fathers rights lawyerBaltimore has a program run by the Center for Urban Families designed to help fathers reestablish relationships with their children. The Center helps fathers find jobs as part of their programs. Since its inception, hundreds of fathers working with the counselors in this program have learned to become more responsible parents and reestablish relationships with children whom they had abandoned.

Joe Jones, the Chief Executive Officer and founder of the program, recently stated “what we want to do is get these people above ground and back into the mainstream.” In addition to helping fathers find jobs, the Center takes action to end what Joe Jones refers to as “the cycle of father absence.” The Center seeks to break the cycle of fathers not being responsible for their children.

Children Raised Without Fathers

In 2012, the American Community Survey which was undertaken by the United States Census Bureau showed approximately 19 million children across the United States live in homes without a father.

Many men who come into the Center grew up in homes without fathers. Studies show children who are raised without fathers have a greater likelihood of parenting children during their teens. In addition, children raised without fathers have higher instances of drug abuse and being involved in criminal activity, pursuant to the National Father Initiative. It is the goal of the Center’s Responsible Fatherhood Program to provide men the support system and the basic tools they need to become responsible parents for their children. The program teaches fathers a variety of parenting skills including how to be financially responsible for their children.

About the Founder – Joe Jones

Joe Jones’ father left when he was 9 years old. Jones became a drug addict. He spent more than 17 years taking drugs, selling drugs and committing crimes to support his drug habit. When Jones was 21 years old he had a son. He took no responsibility for the child. In 1986, Jones was convicted of a variety of drug related criminal offenses. He was placed in a residential rehabilitation program. After completing the program, Jones went to Baltimore City Community College and obtained an Associate’s Degree. He worked for a series of non-profit organizations in Baltimore. During this time he realized there were no programs to help fathers. In 1992, he founded the Men’s Service Program at the Baltimore Department of Health. Seven years later he founded his own non-profit organization, The Center for Urban Families. He took this action because he felt he needed to give something back to the community for helping him restart his life. Jones claims to become a better father, you need to become a better man!

help for fathers

Filed Under: Fathers Rights Tagged With: , , , , , , ,

Fast Track in Nassau County Family Court for Reuniting Parents and Children

October 4, 2013 By

father's rights attorneysNassau County has a new program to reunite children who have been taken away from their parents. This new program was set up by Nassau County Family Court Supervising Judge, Edmond Dane. The program is specifically designed to reunite parents with children under the age of 5. The fast track program is called “Babies Can’t Wait.”

Babies Can’t Wait

The program has been set up in conjunction with the Nassau Family Court, the Nassau County Department of Social Services and Adelphi University’s Institute for Parenting. Adelphi’s parenting institute is a private organization that is designed to promote relationships between children and their parents.

The program is designed to reduce risk, in cases involving either child abuse or child neglect, that children will be harmed. It tries to establish a secure caregiver for infants. There is a preference in the program for biological parents.

The program uses a team approach. The team is comprised of assigned attorneys, family members, an infant mental health specialist from Adelphi, a court facilitator, a deputy County Attorney, and foster care workers who will meet monthly before Judge Dane.

Judge Dane has stated he hopes the new program will be successful in reducing terminations of parental rights. The program also seeks to keep children under the age of 5 out of foster care.

Judge Dane has stated “when a child is taken from a parent, regardless of age, there is trauma.” He further stated “separation affects bonding and attachment especially with babies.” The program is designed to engage parents from the beginning and monitor their progress more often. It is the intent of the program to speed negotiations and result in quicker resolution of infant related cases.

Adelphi University

Adelphi University is providing joint therapy for parents and children. These therapy sessions focus on interaction and care of the children. The therapy sessions allow for additional visitation between the children and the parent.

The Prior Social Service Program Involving Removed Children in Nassau County

Without this program, when the Department of Social Services removes a child from a home, the parent or the child’s guardian has to go to the Family Court and file a petition for a hearing. The Judge then makes a determination at the time of the hearing whether the child faces an imminent danger. If the judge determines that the child faces an imminent danger, the child is not allowed to go home.

The case is then adjourned and a Fact Finding Hearing is held to determine if the child has been abused or neglected. In the event there is a finding of either child abuse or child neglect by the judge an additional hearing called a Dispositional Hearing is held. A Dispositional Hearing can be equated to a sentencing hearing in a criminal case. As a result of these hearings, an investigation is initiated by the Department of Social Services. This investigation takes a number of months and sometimes as long as a year.

Permanency Hearing

After the investigation a Permanency Hearing is held. The purpose of this hearing is to determine long term what shall happen to the child. Should the child be given back to the mother? Should the mother or father’s parental rights be terminated? Should the child be given to a guardian?

Babies Can’t Wait Program

Under Judge Dane’s Babies Can’t Wait program a Fact Finding Hearing is finished in as little as a month and a half. The Permanency Solution for the family would be decided within a year. Judge Dane claims “the longer you let a trial linger the less your chances of success. We want to make sure the focus is on the services rather than the abuse allegation.”

Judge Dane takes the position if the parents deserve it, he wants to give them an opportunity to improve the situation and get back into a relationship with their children.

Hooray for Judge Dane!father's rights assistance

Filed Under: Fathers Rights Tagged With: , , , , , , , ,

Grandparents’ Control Over Visitation Upheld

October 2, 2013 By

father's rights lawyerA proceeding was brought in Nassau County Supreme Court by Steven Libin. He requested the New York Court relinquish control over custody and visitation rights pursuant to a stipulation, to the Courts in Israel. Acting Supreme Court Judge Hope Zimmerman ruled against him. He appealed to the Appellate Division, Second Department, an appeals court in New York. The Appeals Court found Judge Zimmerman, “properly concluded that [her court] retained exclusive continuing jurisdiction over the stipulation as modified to reflect the child’s new residence in Israel.”

History of the Case

The child was born in February 2008. At the time, Libin and his wife, Diana, were residing in Israel. Diana died shortly after childbirth. Libin and the wife’s parents entered into an agreement in Nassau County wherein the wife’s parents, Katerina and Alexander Berkovitch, were given temporary custody of the child. Libin thereafter brought a proceeding in Nassau County and asked for sole custody and requested the prior stipulation with the grandparents be nullified.

Child in Israel but Case Stays in New York

In October 2008, a stipulation was entered into between Libin and the grandparents which gave Libin custody and the grandparents visitation rights. The stipulation was entered into at a time when Libin was residing in Israel. The stipulation stated the Supreme Court (in Nassau County) “shall retain exclusive jurisdiction over this matter for the purpose of enforcing or modifying or interpreting the terms of this agreement.”

The child lived for three years with Libin’s parents on Long Island. The paternal grandparents visited regularly.

In 2011, the maternal grandparents found out Libin had taken the child to Israel. At that time, Libin sought to have the jurisdiction over this proceeding transferred from the Supreme Court in Nassau County to courts in Israel. The court’s decision stated even though Libin planned on living in Israel, the signing of the stipulation giving jurisdiction to the New York State Court was still valid.

Conclusion

This is a case where the grandparents’ rights were upheld.helping grandparents

Filed Under: Fathers Rights Tagged With: , , , , , , , ,

Internet Downloaded Separation Agreement Found Valid

September 30, 2013 By

father's rights lawyerIn a recent case before Justice Leonard Steinman sitting in the Supreme Court Divorce Part in Nassau County, a husband had filed a divorce action against his wife. In this proceeding, he sought to incorporate by reference a separation agreement into the judgement of divorce. The wife argued the agreement should not be allowed to be incorporated into the judgement of divorce. She claimed she was induced by fraud into signing the agreement.

A motion was made to determine whether the agreement was valid. The Court found the agreement was drafted by the wife. She found the agreement on an internet website. After downloading and printing the agreement she presented it to the husband, he executed it.
The agreement had a waiver of spousal maintenance. It also stated there would be “no demand for child support payments”. The agreement required the parties sell the marital home and equally divide the proceeds. Pursuant to the terms of the agreement, the parties opted out of exchanging financial net worth statements. Neither the husband nor the wife were represented by an attorney during the course of the negotiation and execution of the agreement. However, the parties did properly execute the agreement before a notary public and they filed it with the County Clerk of Nassau County.

The Agreement Terms Were Followed

The Court found that the parties had followed the terms of the agreement after its execution. The Court found the parties had lived separate lives. They did not share a bedroom together. They also filed separate tax returns.

The Court found the separation agreement executed by the wife was not unfair or inequitable. The judge ruled the wife’s claims that the parties did not intend to be bound by the agreement were undercut by “its unambiguous terms.” He made this decision even though the wife waived spousal maintenance in the agreement.

It should be noted, the husband acknowledged that the child support provision does not comply with the Child Support Standards Act. However, he agreed that this could be severed from the agreement and the rest of the agreement could be enforced.

Justice Steinman found the agreement to be valid and incorporated it into the judgement of divorce.

Conclusion

In this case, the wife wanted to have her cake and to eat it too. She drafts an agreement and then decides later on she wants more. Justice Steinman found she was not entitled to a second bite at the apple. This is a case where men’s rights were protected.advocate for father's rights

Filed Under: Fathers Rights Tagged With: , , , , , , , , ,

Order of Protection Thrown Out

September 20, 2013 By

father's rights attorneyThe Appellate Division of the Second Department (an appeals court) in the State of New York recently vacated an order of protection obtained by a wife against her husband. The court ruled that the alleged disorderly conduct which took place inside the parties’ home did not sufficiently prove that the husband engaged in disorderly conduct which was intended to cause, or recklessly create, a risk of causing public inconvenience, annoyance or alarm.

The Story

Mr. and Mrs. Cassie were not getting along. Mrs. Cassie decided one day to pack up her husband’s bags and change the locks to the house. Mr. Cassie came home from work and found he could not get into his house. At some point one of his children let him in. Mr. and Mrs. Cassie had two daughters aged 16 and 17.

An argument ensued on the second floor of the parties’ home while the children were watching TV. Mrs. Cassie called the police alleging her husband had assaulted her. Mr. Cassie denied that he had assaulted her. He voluntarily left the marital residence.

Mrs. Cassie went to the Brooklyn Family Court. She obtained an Order of Protection based on a decision by Judge Anthony Cannataro that determined that Mr. Cassie had committed the family offense of disorderly conduct.

Mr. Cassie appealed.

The Appeal

In his appeal, Mr. Cassie claimed his wife did not make out a prima facie case for disorderly conduct. The Appellate Court agreed. The decision of the Appellate Division was that the disorderly conduct had to have some sort of public inconvenience, annoyance or alarm. Since this event took place in the family’s home, there was no reckless disregard that might cause public harm. The court found Mrs. Cassie did not prove her case.

The Appellate Court overruled the family court decision and allowed Mr. Cassie back into his house.

About the Author

assistance for fathersElliot Schlissel, Esq. is a father’s rights attorney practicing throughout the metropolitan New York area.

Filed Under: Fathers Rights Tagged With: , , , , , , , ,

Protecting Men’s Rights in a Divorce

September 18, 2013 By

father's rights lawyerAlthough there are many issues that need to be dealt with in divorce situations, there are two basic themes. The first theme has to do with children, custody and visitation. The second theme has to do with division of assets, child support, spousal maintenance (alimony) and other financial issues.

Punished for Being Successful!?

Men who have worked hard to obtain an excellent education and/or credentials and have strived and dedicated themselves to both their family and their employment initiatives, should not be punished in a divorce situation.

Often men come into our law office with questions such as:

  1.   I have worked hard to develop my business, how can I keep it?
  2. How do I keep my career, provide for my children, and not become a deep pocket to fund my wife’s exorbitant lifestyle?

Planning and Strategy

Fighting a complicated divorce can be similar to fighting a mini war. If negotiations and settlement attempts fail, each side prepares for a battle. This battle is called a trial.

Our office helps our clients develop an effective strategy to preserve their assets, maintain relationships with their children, and not be devastated by the divorce process itself. Approximately 5% of all divorce cases in New York go to trial. The other 95% are settled either before trial or at trial. It therefore is necessary to prepare for trial while continuing to negotiate to obtain the best possible results.

Caring for a Child

A father’s love and devotion for his children is not second string to a mother’s love and devotion to her children. Under the law in the State of New York, both parents are considered to have equal ability to obtain custody of their children. Today, more and more fathers are stepping up to the plate saying “I want custody of my children.” Fathers are dedicating themselves to being in their children’s lives. The former standardized types of visitation that judges handed out in the past do not necessarily meet the father’s needs today.

The Best Interests of the Child

The standard in the State of New York as to who receives custody of the children is what is in the children’s best interest. Judges are forced to make these very difficult decisions. There is no standardized scale rating mothers and fathers for their talents involving child raising, emotional stability, and bonding with their children. There are standards within the statutes in the State of New York but they are general standards. In many situations, judges make decisions on who will receive custody based upon gut reactions that are thereafter qualified within the law.

Children deserve the love, dedication and financial support from both parents. In some cases, joint custody arrangements can be worked out and the parents can amicably raise their children. However, this is not true in all cases. In some cases, the children are going to live with one parent and the other parent is going to visit! If you are a father and seek being more than a visitor in your child’s life, then you need the best, most dedicated, most experienced father’s rights lawyers to protect your interest. At the Law Offices of Schlissel DeCorpo our father’s rights attorneys have been delivering for our clients for more than 45 years.helping fathers and children

Filed Under: Fathers Rights Tagged With: , , , , , , , , , ,

Stay At Home Fathers

August 14, 2013 By

father's rights attorneyMillions of fathers are involved in raising their children. Fathers who dedicate their lives to help raising their children should be recognized more often for these endeavors by the courts in New York. Research shows in approximately 25% of all marriages, the mother is the primary bread winner.

As women have become more ambitious in fulfilling their careers more issues concerning father’s rights have developed. Many fathers feel they are not given sufficient parenting time with their children. Some conservatives in the United States argue against the concept of the nurturing father. They claim nurturing fathers act as substitute mothers and this denies children a masculine role model. I believe this is a lot of hogwash!

Equal Rights For Fathers

Feminists in the 70’s wanted equal rights for mothers. In the State of New York, since 1989, mothers have equal rights. When mother’s obtained equal rights, fathers also received equal rights.

Two Sided Feminist Arguments

Feminists today agree that men should be more involved in raising their children. However today’s feminists only want fathers to be treated equally when it is convenient for them.

Traditional Role

In the traditional family, the father goes out to work and the mother stays home and raises the children. The majority of families in the United States raise their children in this manner. However, this majority is getting smaller and smaller. The time for father’s rights is now!

Facts About The Author

advocate for fathersElliot S. Schlissel, Esq. is a father’s rights attorney representing fathers throughout the metropolitan New York area.

Filed Under: Fathers Rights Tagged With: , , , , , , , , ,
« Previous Page
Next Page »