To watch today’s video blog, please click on the link below:
Elliot S. Schlissel is a father’s rights lawyer. His office can be reached at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.
Alimony for Men
October 16, 2014 By
To watch today’s video blog, please click on the link below:
Elliot S. Schlissel is a father’s rights lawyer. He can be reached at 516-561-6645, 718-350-2802, or by email to schlissel.law@att.net.
Court Terminates Father’s Child Support Obligations
October 15, 2014 By
In a case before Support Magistrate Elizabeth Bloom, sitting in the Family Court of Nassau County, a father brought a petition to terminate his child support obligations. In his petition, the father plead that his two daughters had been constructively emancipated from him and as a result he sought to end all of his child support obligations. He had not seen either of his two daughters since 2007. The father claimed the mother had defamed him in front of his twin daughters. She had told them he had engaged in extramarital relationships with other women. This information caused the girls to be alienated from him.
Mother Claimed Daughters Didn’t Want to See Their Father
The mother contended the father had not contacted his twin daughters since 2009. She took the position it was solely the children who did not want to have contact with him. She claimed she did not create the situation.
Support Magistrate Bloom in her decision stated pursuant to the doctrine of constructive emancipation a child who is of employable age can be constructively emancipated from the father. She found the father’s testimony to be truthful. She also took into consideration the evidence showed the mother had exhibited hatred towards the father. In her decision, Support Magistrate Bloom found the children were supporting the mother’s position against the father. She found the father’s conduct did not amount to a reasonable basis for the children to refuse to have contact with the father.
Constructive Emancipation
Support Magistrate Bloom ruled the children had constructively emancipated themselves from their father. They had taken this action without just cause or reason. They had refused to have any contact with him or allow him visitation. The father’s petition to have his child support obligations terminated was granted.
Unwed Father Granted Custody of Child
October 12, 2014 By
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.
Court Needs Consent of Father For Children To Be Adopted
October 5, 2014 By
Please watch today’s video blog by clicking on the link below:
Elliot S. Schlissel is a father’s rights lawyer. He can be reached by telephone at 516-561-6645 or 718-350-2802, or by email to schlissel.law@att.net.
Wife’s Request for Attorney’s Fees Reduced
September 23, 2014 By
Please view today’s video blog by clicking on the link below:
Elliot S. Schlissel is a father’s rights lawyer. He can be reached at 1-800-344-6431 or by email at schlissel.law@att.net.
Rights of the Stay at Home Father
September 19, 2014 By
Please view today’s blog video by clicking on the link below:
Elliot S. Schlissel is a father’s rights advocate. He can be reached at 1-800-344-6431 or by email at schlissel.law@att.net
Custody Change from Mother to Father: Court States This Was The Best Interest of the Child
September 10, 2014 By
Supreme Court Justice John Colangelo sitting in Westchester County recently changed custody from a mother to a father. A post judgment divorce action was initiated involving a 9 year old child.
History of the Case
The mother and father were divorced in 2009. In 2010, the mother had brought a Family Court proceeding for the purpose of modifying the parenting schedule which was initially set forth in the 2009 Family Court Order. The court at that time found the facts required a change in custody. The court found it was in the child’s best interest custody be changed from the mother to the father. The father was thereafter given full legal custody and final decision making. He was also designated as the primary custodial parent. The court found the mother was incapable of promoting a meaningful relationship between the child and his father.
The Actions of the Mother
While the mother had physical custody of the child she did everything in her power to prevent the father from having a relationship with his son. She tried to totally separate the two. The court found her responsibility was to encourage a healthy relationship between the father and son and she did the opposite. The court therefore changed custody.
False Allegations of Child Abuse
August 12, 2014 By
A disgusting tactic sometimes used against men when the children’s mother perceives there will be a custody dispute is to file false allegations of child abuse and/or domestic violence against the other parent. Courts tend to take these allegations seriously. In my experience, false allegations of both domestic violence and child abuse are made by both men and women. However, they are used much more often by women and courts take allegations of domestic abuse against women more seriously. This turns out to be a tactic with very little downside risk. The reason for this is courts do not usually punish individuals who make false allegations of domestic violence and child abuse.
Child Protective Service investigators and the police tend to believe the accuser. They often ignore the credible explanations made by the individual who is accused of either domestic violence or child abuse.
Control
The tactic of making false allegations of either domestic violence or child abuse has to do with controlling the family situation. In many cases, the false allegations of abuse are part of a program of Parental Alienation Syndrome (hereinafter referred to as “PAS”). The individuals making the false allegations of child abuse are not taking into consideration the long term impact this will have on their children. They are doing this for inappropriate, selfish reasons.
When a mother makes false allegations of child abuse, the father is usually thrown out of the house. This gives the mother exclusive occupancy of the home, control of the home’s assets, and control of the children. The man is put out on the street with just the clothes on his back. He needs to get a court order just to get back in the house and get the rest of his clothing.
Keeping Children From Their Father
After allegations of child abuse are made and a temporary order of protection is issued by a court, it can take weeks and sometimes months until the father has contact with his children again. Children who have not had contact with one of their parents for a considerable period of time sometimes become tentative and shy. If the allegations of child abuse are accompanied by the mother filling the children’s heads with false stories of abuse and neglect, the children can become fearful of their father.
My Way
In the end, the parent making the false allegations of child abuse is saying to the other parent, everything will be done my way. If you don’t do what I say, the way I tell you to do it, you are never going to see your children. Who suffers in the end? Both the loving parent kept away from his children and the children. PAS is a terrible syndrome and it can take long term therapy to deal with this problem if it is not nipped in the bud.
