Custody of Son Changed: Judge Finds Mother Cannot Be Trusted To Be the Custodial Parent of the Parties’ Son

Supreme Court Justice Colangelo sitting in Westchester County recently had an unusual case presented to him. In this case, the mother had paraded her son from one forensic psychologist to another. This was done in a concerted effort to destroy his relationship with this father. In addition, the mother had hired a former actress in soap operas and paid her $57,000 to help prepare her for her starring role as a witness in the custody case involving her son.

The Trial

There was a trial which lasted 18 months before Justice Colangelo. There were 25 days of testimony by the mother alone. Justice Colangelo found she was fixated on destroying the father’s relationship with the son and therefore “cannot be trusted” to make decisions regarding the parties’ son. Justice Colangelo in his decision went on to state “when left to her own devices she misused her decision making authority to trot a mentally healthy child to numerous psychological appointments clearly aimed to deprive him of a relationship with his father – a result that may have, and if allowed to recur certainly will rob [the boy] of his remaining childhood.” Justice Colangelo changed custody from the mother to the father in spite of the recommendations made by the court appointed psychologist and the attorney for the child.

Hired Forensic Psychologist

Justice Colangelo’s decision deals with the issue of parties’ to custody litigation hiring forensic psychologists to promote one parent’s arguments and with regard to the issue of trial consultants preparing witnesses with regard to their testimony. The judge found the mother was evasive during her two weeks of testimony.

Judge Colangelo indicated in his decision the mother had hired Daniel Lobel, a Westchester psychologist, and paid him $6,000 per day to prepare subjective, result oriented testimony. The judge also stated the mother had spent more than 50 hours with a psychologist, Jonathan Gould, who is a well known forensic evaluator, who helped prepare her for her interview with the court appointed forensic psychologist, Stephen Herman, from Manhattan. Justice Colangelo found the mother had met with numerous mental health professionals and a number of lawyers with regard to her desire to “deprive [the boy] of a meaningful relationship with his father.” The judge found “such a goal might have proven laudable had [the father] actually been the abusive monster [the mother] sought to depict.”

Father a Caring Man

Justice Colangelo went on to state there was no evidence presented at trial that the father was anything other than a caring, responsible man who recognized the need for both parents in the child’s life. Justice Colangelo found the mother’s behavior to be “inimicable” to the welfare of the child. The mother’s arguments that the child needed to be protected from his father were completely without merit.

Justice Colangelo in his decision went on to state “absent the imposition of some stringent boundaries on [the mother’s] prerogatives and conduct, based upon her actions to date, [the child] will surely spend the remainder of his childhood being prodded and probed by a constant parade of mental health professionals seeking to find something wrong with a healthy child who needs only a true, loving relationship with both parents.”

It should be noted the mother has appealed this decision.helping father's get custody of their children

Court Orders Change in Custody Due To Mother Interfering With Father’s Visitation

custody and visitation attorney on Long IslandThere was litigation in the Family Court between a father and a mother. The father alleged the mother had acted in an obstreperous manner, had interfered with his visitation with the parties’ children in violation of court orders and had created a situation which made it extremely difficult for the father to have visitation. The father claimed the mother’s disruptive, antagonistic behavior was not in the children’s best interest and was having a negative impact on the parties’ child.

A trial was held in the Family Court. The mother had declined to have an attorney and had represented herself during these proceedings. At the end of the Family Court trial, the Family Court Judge found there had been a change in circumstances to the extent a change in custody was warranted due to mother’s interference with father’s visitation rights. The mother appealed this proceeding.

Appellate Court Decision

The Appellate Division for the Third Department (an appeals court) upheld the Family Court’s order finding the mother in contempt and changing custody to the father. The Appeals Court found the mother had violated a prior court order with regard to the father’s visitation rights. The court also found the transfer of sole custody of the child to the father was indicated in the circumstances due to the mother’s contentious behavior. The Court found the mother was aware of the terms of the Family Court order giving the father visitation and she intentionally refused to comply with this court order.

The mother had argued she was denied her right to counsel due to the fact she represented herself. However, the appellate court found she was given the opportunity to retain an attorney and declined to do so. The court also found the mother had engaged in obstructionist behavior during the course of the Family Court trial and her responses to questions were evasive.

The appellate court affirmed the decision of the Family Court giving the father sole custody.

Conclusion

This is a major victory for father’s rights! A mother’s obligations when she is the residential custodial parent is to promote a loving, warm relationship between the children and the father. Interference with a father’s visitation rights is appropriate grounds to change custody from the mother to the father.father's rights advocate and custody modification attorney

The Trial of a Custody Case – Part I

father's rights lawyers on Long IslandWinning Custody Trials

Custody disputes are personal. They involve children. Your children. They can be expensive, aggravating, and frustrating. They are not as simple as who is the better parent.

Parents Can Be Imperfect

No parent always does the right thing in every situation. Even the best most dedicated parents have flaws, faults and issues that can be brought up to a court. Attorneys preparing for custody litigation must deal with parents’ strengths and their weaknesses.

Arguments That It Is In The Children’s Best Interests That You Receive Custody

Your custody case should have a theme based on the theory the children’s best interests are better served with you receiving custody of them. This theme must be developed to deal with specific facts involving you and your children. This must also be developed to show giving the other parent custody would not be in the children’s best interests.

Why A Parent Seeks to Have Custody

There are many reasons why parents want custody of their children. Your attorney should discuss with you your real motives for having custody of your children. Be advised, avoiding paying child support is not an appropriate reason for wanting custody of your children.

Client’s Conduct in Custody Lawsuits

If you are involved in litigating a custody case, you must assume the other parent is trying to find “dirt” on you. You should be careful as to what you say and what you do. You should avoid writing things down on paper. Don’t be surprised if the other parent is trying to intercept your phone calls, read your emails, and speak to your friends, relatives, paramours, and neighbors about information to be utilized in the custody trial against you.

Evidence in Custody Trials

Custody matters are brought in front of judges. There are no juries in custody cases. There are generally two types of evidence submitted at custody proceedings. Documentary evidence which involve documents of a certain type and nature that can be presented into evidence and live testimony of witnesses. It is often necessary to have a live witness testify to get documentary, written, evidence into the record. The rules regarding the presentation of evidence are quite complicated. This is a matter you should discuss in detail with your attorney prior to the trial as to which documents will be presented and how those documents will be presented into evidence.

Witnesses must present facts. These facts should be about the child’s life and how one parent or the other has had an affirmative or negative impact on the child’s life.custody litigation attorneys

The CPS or ACS Investigation

father's rights attorney and advocateThe purpose of a CPS or ACS investigator coming to your house is to get information showing your children have been abused or neglected. They are not coming to your house to prove you didn’t abuse or neglect your children. Do not be fooled into thinking they are there just to clear the record with regard to the allegations. They are there to get evidence your children were abused or neglected. They are not there to clear you. Even if they don’t find evidence of child abuse or child neglect, they may be repeatedly coming back to your house to investigate you further.

Entry Into Your House

It is strongly suggested you do not allow the CPS or ACS worker into your house. Advise them you have a constitutional right to refuse entry and politely tell them they are not coming into your house. Do not get into an argument or confrontational situation with them.

There are occasions when the CPS and ACS worker will come to your door with the police. This still doesn’t allow them to come into your house without a warrant. However, there have been cases when the police are present they will force their way into your home. This may give rise to a civil lawsuit because both the police and CPS workers would have exceeded their legal authority. Once they are in your home, however, do not fight them. Cooperate as best you can and deal with the violation of your rights through the legal system at a later point in time.help with CPS and ACS for parents on Long Island

Dealing with Child Protective Services – Part II

assistance for parents in CPS proceedingsThe Complaint Made Against You

If a Child Protective Services (hereinafter referred to as “CPS”) investigator comes to your home it is because a complaint has been made against you. Your first question to the worker should be what is the nature of the complaint that was made against you.

The CPS worker conducts an investigation and a report is made. Copies of these reports can be obtained from the supervising agency of the CPS in Albany. On the basis of the report made by a CPS worker, a decision will be made as to whether the allegations against you are “founded” or “unfounded”. “Founded” allegations means you have been engaged in some type of child abuse or child neglect. In these situations you are entitled to demand a trial to challenge the validity of a finding made against you. At a trial witnesses will be called and your attorney will be able to examine the Child Protective Services worker with regard to the material contained in their report and the evidence that this material is based on.

Protecting Your Interests and The Interests of Your Children

The Child Protective Services agency exists for the sole purpose of protecting children. However, in recent years they have become overly zealous in their approach to investigating allegations of child abuse and child neglect. In many situations, allegations are frivolous, false, or don’t amount to child abuse or child neglect. However, in some of these cases the overly aggressive CPS worker can find you have acted inappropriately towards your children. The very best way of dealing with this situation is to immediately contact an attorney experienced in handling CPS investigations, and hearings. Should you have questions regarding a CPS investigation, feel free to contact our office. Our phones are monitored 24/7 and we offer free office consultations.CPS and ACS defense lawyers

The Number of Stay at Home Dads Increases

father's rights lawyerThere are approximately 2,000,000 stay at home dads in the United States. This is pursuant to the Pew Research Center. The large majority of stay at home dads aren’t working because they are taking active roles in raising their children. In 1989 only 5% of stay at home dads were involved in raising their children. Today, more than 20% of the stay at home dads are the primary parent responsible for their children’s needs.

Illness, Unemployment and Other Factors With Stay at Home Dads

The proportion of stay at home fathers who are either disabled, unable to find work, or sick has decreased from approximately half of the stay at home dads in 1989 to about 1/3 of the stay at home dads today.

Stay at Home Dads and Father’s Rights

As women have become more successful in the workforce, more and more women are busy developing successful careers. Having a successful career and being the primary caretaker of the children usually does not work out well. So successful business women need the comfort of knowing a loving parent is staying home with the children and meeting the children’s needs. Should there be a break up in the relationship between the mother and father, stay at home dads have a significant argument to become the residential custodial parent of the children. This will give the children continuity in their lives. This is also the argument which women have been making to become the primary residential custodial parent for a century!

Elliot S. Schlissel is a father’s rights lawyer who has been representing fathers in custody cases for more than 45 years.advocate for fathers in custody cases

Wife Tries to Set Aside a Prenuptial Agreement

A husband and wife entered into a prenuptial agreement several weeks prior to their marriage. The wife has brought a proceeding to set aside the prenuptial agreement based on coercion and duress. In her moving papers, she advised the court she trusted her husband and signed the agreement because he told her to do so. She also claimed she didn’t understand what she signed because no one explained the agreement to her. In addition, she claimed she could not read or write in the English language well enough to understand the legalese contained in the prenuptial agreement.

Wife Represented by Counsel

The attorney for the husband argued the wife had misrepresented what transpired. To start with, she was represented by an attorney of her choosing. Her attorney testified at a hearing that if he had felt the wife did not understand the agreement or understand him, he would have hired an interpreter. All of his negotiations and discussions with her were in the English language. He had no reason to believe she did not understand him when they were talking together. And he believed she understood the agreement that was executed.

The Court’s Decision

Supreme Court Justice Jeffrey Sunshine sitting in a divorce part in Kings County found the wife’s allegations that she did not understand English, “patently incredible.” He stated in his decision she obtained a degree in English while living in Russia. She taught Russians to speak English while living in Russia and also taught Russians to speak English while living in the United States. The wife had executed the agreement at its end. She had sufficient opportunity to meet with her attorney. There was no evidence she was defrauded into signing the prenuptial agreement or duress was used in motivating her to execute the prenuptial agreement. Justice Sunshine found no reason to set aside the prenuptial agreement.

Conclusion

This is an example of a wife trying to convince a court to set aside a prenuptial agreement based on nonsensical arguments. The purpose of prenuptial agreements is to lock in the parties’ financial responsibilities in order to avoid litigation at the time of separation or the death of one of the parties. In this case, it looks like the wife decided she was not satisfied with what she was getting in the prenuptial agreement so she took a shot at setting it aside. Unfortunately for her she had no valid reason to set aside the prenuptial agreement.assistance for fathers in divorce litigation

Grandparents Rights After Divorces

father's rights attorneysGrandparents often have special relationships with their grandchildren. Sometimes the problems in the relationship between the parents, can disrupt the relationship between the grandparents and their grandchildren. So what can a grandparent do if the residential custodial parent refuses to give them access to their grandchildren?

Grandparents’ Rights

Grandparents can bring legal proceedings to force the custodial parent of their grandchildren to give them access and visitation with their grandchildren. In cases where grandparents have had relationships with their grandchildren or the grandchildren have lived with them, courts are especially cognizant of the relationship between the grandparents and their grandchildren being in the grandchildren’s best interest.

Custody for Grandparents

If neither of the parents are appropriate individuals to have custody of their children, grandparents have a right to step in and ask the courts for custody. In cases where the parents are unfit, have drug problems, alcohol problems, have issues involving child abuse and/or child neglect, grandparents are a valuable resource to help their grandchildren lead normal fulfilling lives. Grandparents can not only win custody but they can also be appointed the legal guardian of their grandchildren.

Grandparents Issues and Legal Complications

The law in the State of New York seeks to have the biological parents of their children raise the children whenever possible. The circumstances and situations where grandparents can obtain visitation rights and/or custody of their grandchildren are fact sensitive and involve sophisticated legal issues. If you, a friend or family member have questions concerning grandparents rights, feel free to call our law firm. Our phones are monitored 24/7. We can be reached at 718-350-2802, 516-561-6645, or 1-800-344-6431. We have been fighting for grandparents’ rights for more than 45 years and we have a long history of success in the representation of grandparents involving custody and visitation issues.advocate for grandparents rights

Separation Agreement Upheld: Husband’s Request To Set It Aside Denied

father's rights attorneysA husband and wife entered into a separation agreement. The separation agreement dealt with issues concerning custody, parenting time, and the parties’ finances. The agreement specifically provided during the period of time the parties were legally separated they would continue to deal with their finances as they had in the past while they were married. Pursuant to this portion of the agreement, both parties were to deposit their wages into a joint bank account at HSBC.

Husband Fails to Comply With Agreement

The husband stopped depositing his earnings into the bank account. The wife brought a proceeding to enforce the parties’ separation agreement and cause the husband to continue depositing his income into the joint HSBC account. The husband took the position the separation agreement should be declared invalid and he should not be responsible for depositing his income into the HSBC joint account.

Justice Jeffrey Goodstein sitting in the Supreme Court Part in Nassau County found the husband had breached the terms of the agreement and the wife had not. He granted the application from the wife to cause the husband to deposit all of his income for the years 2012 and 2013 into the joint bank account. In addition, he ordered both the husband and the wife to provide each other with a detailed accounting of the use of the funds which were deposited into the joint HSBC account. Judge Goodstein denied the husband’s application to set aside the separation agreement.

Conclusion

Let’s start with the fact that if you are getting legally separated, you shouldn’t be sharing a joint bank account. You should each have separate bank accounts. This seems to be a very poorly drafted separation agreement. In the end, if you enter into a validly executed separation agreement, a court will most likely force you to live up to its terms.

Husbands and fathers should be careful as to what they sign!

Elliot S. Schlissel is a father’s rights lawyer. He has been representing fathers for more than 45 years.custody and parenting rights advocates for fathers

Boyfriend’s Parental Rights Maintained

father's rights lawyerIn a case of first impression, Matter of A.S. v. B.H., a mother brought an application seeking to set aside an acknowledgment of paternity which had been signed by her boyfriend. The mother claimed after the acknowledgment of paternity was executed, she performed a home DNA test and found out the boyfriend was not the child’s biological father. The mother claimed the child, who was three years old, had special needs and was incapable of bonding with the father. She therefore claimed the father should have no parental rights with regard to the child.

Child’s Bonding with Father

Family Court Judge Michael Hanuszczak found the mother’s argument concerning the child’s bonding ability, “exaggerated and self serving.” He also found her assertions concerning the issue of bonding to be speculative. He went on in his decision to state “under [the mother’s] line of reasoning, a special needs child…would be denied a father if the mother did not lend her approval to the relationship.” He further stated “in cases involving the best interests of a child the court looks beyond any limitations of the child to determine whether a parental relationship exists.”

Family History

The mother and boyfriend had a relationship from time to time. The boyfriend had signed an acknowledgment of paternity when the child was born in December 2011. The mother was unsure of whether the boyfriend was actually the biological father of the child. There was testimony that showed the boyfriend was involved in the raising of the child during the period of time the parties lived together. The boyfriend and the child developed a relationship with each other until such time as the boyfriend’s relationship with the mother soured. She then cut off his relationship with the child.

The Judge’s Decision

Judge Hanuszczak in his decision, ruled it was not in the child’s best interest to vacate the acknowledgment of paternity. He also saw no reason to order the child, who had bonded with the boyfriend, not be allowed to have a relationship with the boyfriend because a situation had been created where it was in the child’s best interest to maintain that relationship. The boyfriend was the only father figure this child knew. The attorney for the boyfriend stated “my client was able to show that he was the sole father figure in this child’s life and to remove him would destroy the parent child relationship.”

Conclusion

This decision is a victory for father’s rights.parental rights advocate