Chat Banner

Can We Help You?

Father Granted Supervised Overnight Visitation

In a proceeding before Judge Ann O’Shea sitting in the Family Court of Kings County, the Administration for Children’s Services (ACS) brought a neglect proceeding against a father. They alleged the father R.S. had neglected his daughter by committing acts of domestic violence against the child’s mother. They also claim the father had violated an existing Order of Protection which had been taken out by the mother against him. During the course of this proceeding the father was granted temporary visitation. This visitation allowed him to visit with the child for eight hours on Saturdays while being supervised by his mother, the child’s grandmother.

Further Extension of Visitation

The father has now brought a further application to the Family Court asking that his visitation be extended to supervised overnight visitation.

The attorney for the child’s mother has alleged that she opposed the father having further visitation with the child. She was not comfortable with the idea of further overnight visitation. This was in spite of the fact that ACS consented to the further supervised overnight visits by the father from Friday evenings through Saturday.

The court took into consideration that the visitation with the father was going well. The mother argued the child was not comfortable with this further expansion of the visitation and therefore the father’s visitation should not be expanded to overnights.

Judge O’Shea found the expansion of the father’s visitation was consistent with the policy of the Family Court Act and ACS guidelines for determining the appropriate level of supervision regarding family visits. The court found the ACS guidelines allowed for overnight visitation and weekend visits between a parent and a child during the pendency of proceedings in the Family Court for neglect. The court further found the extension of the visitation by the father did not expose the child to negative risks concerning physical, mental or the emotional well being of the child. The court therefore granted the father’s petition extending his visitation.

Father’s Rights

Fathers have an important role to play in their children’s lives. Where a child has two loving, dedicated parents, the child’s life is enhanced. Granting the father, in this case, expanded visitation with his child was in the child’s best interest. Family Court judges should do everything in their power to promote father’s rights to have relationships with their children in all situations where it is shown that the father is having a positive impact on the children’s lives.Long Island CPS defense for fathers

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.

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.

Equitable Distribution of a Pension

father's divorce attorney Long IslandAn appeal was brought by a husband from a Supreme Court judgment ordering equitable distribution of the parties’ marital assets. The Appeal’s Court found the lower court correctly ordered equitable distribution of two joint bank accounts and the parties’ stock portfolio. These they found were indeed marital property.

Separate Property vs. Marital Property

The Appeal’s Court agreed with the position taken by the husband that the Supreme Court failed to properly consider what part of his pension was marital property and what part was separate property. The Appeal’s Court found that the husband had proved the starting and ending dates of his employment with the United States Postal Service. In addition, he had proved the date of the parties’ marriage. This allowed the Court to determine the portion of the pension which was earned during the course of the marriage and would be considered marital property. The portion of the pension that was earned prior to the date of the marriage should be considered separate property.

Marital Home Husband’s Separate Property

In addition, the Appeal’s Court found the judge in the Supreme Court had also made a mistake in finding that the parties’ residence was marital property, and because of this awarding 50% of its appraised value to the wife. The Appeal’s Court found the home was separate property and it could not be transformed into marital property related to contributions of the wife to its maintenance and upkeep. Since the house was purchased by the husband prior to the marriage it was his separate property and not subject to equitable distribution.

father's rights attorney in New YorkElliot S. Schlissel is a father’s rights attorney representing husbands and fathers regarding issues concerning custody, spousal maintenance, division of assets and all other matrimonial and Family Court issues throughout the Metropolitan New York area.

Minimal Evidence Used To Prove Child Abuse Or Child Neglect By Child Protective Services (“CPS”)

family law attorney handling CPS casesWhen there are allegations of child abuse the level of evidence submitted by CPS workers and investigators can be minimal. The CPS system in New York is arbitrary, abusive, presumes child abuse or neglect in every case, and moves forward backed by the authority of New York State on incorrect interpretations of facts, and outright falsehoods. Guardians, parents and grandparents are sometimes overwhelmed when they find they have so little power and ability to contradict and counteract the actions of CPS personnel.

Family Court Proceedings Regarding Child Abuse and Child Neglect

Individuals accused of child abuse find when they go into the Family Court and expect to be able to tell their story to a judge they are confronted by judges that don’t have the time and often don’t have the patience to listen to them. CPS spends four or five minutes making their presentation and the parent then gets about two or three minutes to rebut the presentation.

Guilty Until Proven Innocent

Orders of Protection are given to the children based on inaccurate statements by CPS workers. The parents, guardians and grandparents find they are guilty until proven innocent even if the allegations of child abuse or neglect are spurious, mistaken, inaccurate and untrue. Many months go by with Orders of Protection pending, and Child Protective Services workers regularly coming to the door, and the innocent family members often feel overwhelmed and shocked at how they are treated by the legal system. Many family members who are accused of child abuse come into my office and tell me they didn’t even get a chance to speak in court. The events took place without them even having the ability to say even one word. Unfortunately, this happens much too often.

CPS The Do-Gooders

There are dedicated people who work for CPS who rescue innocent children from abusive situations. These CPS workers deserve the public’s gratitude. Unfortunately, I see too many situations where CPS creates nightmares for families who are loving, good natured and provide wonderful homes and care for their children. Innocent family members are threatened that if they don’t cooperate with CPS their children will be removed from the home. I see situations on a regular basis where a child will get bruised while playing with his or her friends, go to the school nurse and not remember how the bruise came to be. The school nurse calls CPS and then CPS shows up in the middle of the night at the family’s home, insists on coming in, investigating the children, harassing the parents, and scaring them to death with an implied threat that they will lose their children.

I recommend to everyone who calls me on a CPS complaint to take it seriously and to make no statements to CPS workers without having an attorney present and not let them in their home. I make arrangements to meet with CPS workers either at my office or at their office for the purpose of reviewing the allegations against family members. I discuss with them in an intelligent manner, without intimidation, that they are going to remove children from the custody of their parents.

Conclusion

Should you hear from CPS about a potential complaint, don’t let yourself become a victim. They have no right to come into your home no matter what they say. Advise the CPS worker that you are happy to cooperate with them, but you wish to retain counsel and your attorney will call them to deal with the issue. If they tell you that you are not entitled to an attorney, they are lying to you! You have a right to an attorney at every stage of the legal system in New York and the rest of the United States. Do not be intimidated, do not let them in your home. If you want to speak to them, speak to them at the front door. They have no right to search your home or investigate your home.Long Island family law attorney

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.

Father Given Custody of Special Needs Child

child  custody attorney for fathersA father, J.M., sought custody of his special needs child who had autism. He claimed the child should remain with him because he had been a primary caretaker since January 2012. The wife cross-moved for custody. She claimed the husband was unfit and sought custody of G.M. She denied various family offense charges which had been brought against her and that she used illegal drugs.

The Divorce Case

Justice Catherine DiDomenico sitting in the Supreme Court in Richmond County was assigned to handle this divorce case. After reading the facts and circumstances of the case she found joint custody was not an appropriate option. She held the relationship between the father and mother was both acrimonious and volatile. In her decision, she found the child’s teacher had stated G.M. had thrived while she was temporarily in the father’s custody. In addition, a forensic evaluator who investigated the circumstances and events of the relationship between the mother, the father and G.M. recommended the father should have physical custody and the mother should be granted parenting time.

Mother Failed To Abide By Court Orders

In addition, the court found the mother refused to follow court orders. She further found the mother disrespected authority and had issues over a long period of time concerning prescription drugs and illegal drug usage. The judge found based on these circumstances and the fact that there was domestic violence between the father and the mother, the father was the more suitable custodial parent for G.M. Her decision stated in this case there were “two imperfect parents.” She found both of them used marijuana on a regular basis. She found the father had tested negatively for marijuana use for a longer period of time than the wife. She also found the father was better suited to create a relationship between the mother and the child if he was given custody. She therefore entered a decision awarding the father sole legal and physical custody.

father's rights attorneyElliot S. Schlissel is a father’s rights attorney. He has been helping fathers obtain custody of their children for more than 35 years.

Uncle Found Not Guilty For Endangering Child’s Welfare

Ibrahim was charged in Bronx County Criminal Court with endangering the welfare of a child. The child in question was his nephew. His attorney moved for dismissal of the charges against him because they were facially insufficient.

Informant Reported The Incident To The Police

An informant had seen a small child seated on the first floor fire escape and there were no adults supervising the child. The informant looked around for nearly an hour and could not find a parent or guardian who would supervise the child. Thereafter, the informant called the police.

The police picked up the child and brought the child to the police station. Sometime thereafter Ibrahim arrived at the police station. He advised the police he was the child’s uncle.

Application To Dismiss The Criminal Charges

Ibrahim, in his application to dismiss the criminal charges against him, argued the Complaint against him was facially insufficient because it did not document that he had either custody or control of the child at the time and place of the alleged incident.

The District Attorney’s office claimed the charge did not require they show a relationship between the defendant and the child. They claimed the fact that Ibrahim appeared at the police station, acknowledged he was the child’s uncle and sought to take the child was sufficient to support the allegations of endangering the welfare of this child. The court did not agree with the prosecutors. The judge found there were no facts alleged by the District Attorney’s office showing the child was under Ibrahim’s care and control on the first floor fire escape. The judge went on further to state in his decision the prosecutors had an obligation to establish Ibrahim was in charge of watching his nephew. The prosecutors did not show he was responsible for his nephew on the date of the incident. He therefore could not be held liable for endangering the welfare of the child. Since the prosecutors did not meet their burden of proof, the case was dismissed.

father's rights attorneyElliot S. Schlissel is a father’s rights lawyer. He represents fathers with regard to allegations of child abuse and child neglect brought by Child Protective Services (CPS) or the Administration for Child Services (ACS).

Orders of Protection

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

Elliot S. Schlissel is a father’s rights lawyer.  Elliot has been representing fathers in child support hearings, custody proceedings, and all aspects of matrimonial law and family law for more than 35 years.  Elliot and his associates may be reached for consultation at 516-561-6645, 718-350-2802, or by email to schlissel.law@att.net.

 

Constructive Emancipation

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

Elliot S. Schlissel is a father’s rights lawyer.  He represents fathers in all aspects of matrimonial and family law including child support hearings, visitation, divorces, and custody proceedings.  Elliot and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.