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Challenging Unfair Orders of Protection

father's rights attorney Long IslandA woman can simply go into court, make a presentation, and under certain circumstances, obtain an Order of Protection against you. You may find out about the Order of Protection when you get served by a sheriff with the order. So, what do you do? What you shouldn’t do, is violate the terms of that Order of Protection. Even if you feel it is based on false, inaccurate, or even made up allegations, you would be committing a criminal act if you were to violate an Order of Protection.

Taking Quick Action

Temporary Orders of Protection can be set aside if quick legal action is taken. In the event the accusations made against you are untrue, or there is insufficient evidence to support the allegations, you can be successful in setting aside Orders of Protection. In certain circumstances you may be able to show you were not even present when the alleged event took place. Alibi witnesses can be utilized in these situations to convince the court you were not involved in the alleged incident.

You can also show the court the purpose of the Orders of Protection did not relate to the individual taking the order out against you fearing for her life, health, or well being. You may be able to show the other party’s application for the Order of Protection was part of a legal strategy involved in either a custody or divorce case. Sometimes, Orders of Protection are preliminarily taken out to get a step up on the other individual in these types of proceedings.

Fighting Orders of Protection

The best way to fight an Order of Protection is to hire a qualified, experienced attorney who handles divorce and family law cases. Attorneys who do this type of legal work are generally familiar with litigating issues involving Orders of Protection. At the time you interview a prospective attorney regarding an Order of Protection, you should discuss with him or her the level of experience they have in handling these types of proceedings.

Order of Protection proceedings can be brought either in the Family Court or in the Supreme Court during the course of a marital dispute. The sooner you contact a qualified Order of Protection defense lawyer, the more likely you will be able to succeed in getting it dismissed. father's rights advocate in New York

Dueling Custody Petitions

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Elliot S. Schlissel is a father’s rights attorney who has been representing fathers for more than 35 years in all aspects of family law court proceedings.  He handles custody matters, visitation agreements, divorce cases, and child support issues.  Elliot and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

Constructive Emancipation

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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.

Murder, Not A Good Alternative To Divorce

divorce attorney on Long IslandKenneth Dearden, a Westchester Real Estate Developer, was shot in the head by his wife as he slept in his home. Kenneth claims his wife tried to kill him to avoid a difficult divorce.

On November 14, 2013, Kenneth Dearden woke up in terrible pain. He had received a gunshot wound to the base of his skull. It is theorized he only survived because the shooter used an antique Deringer which had been a gift to his wife from her parents.

Wife Had An Affair

Dearden has taken the position his wife had been having an affair since 2011 and her lover had put pressure on her to take action to end her marriage. Dearden’s lawyer stated “with plaintiff no longer in the picture, defendant could avoid a contentious divorce, keep the marital home and never admit the marital infidelity to any family or friends.”

Wife Charged With Attempted Murder

Emily Dearden has been charged with attempted murder. Her attorney has denied the allegations on her behalf. Ms. Dearden is currently free on $150,000 bail. She has been suspended from her position as a New York Police Department psychologist.

On the night of the shooting, Kenneth Dearden looked for his wife. He wanted her to take him to the hospital. She claimed she had been hit on the head. The house’s alarm system had been turned off. Initially Dearden thought he had been attacked by an intruder. When the police came to the Deardens’ home, Emily Dearden was laundering dirty clothes. She asked the police if they had a warrant. The police found a pair of Deringers and were able to determine one of the guns had been fired. Unfortunately, the bullet taken from Kenneth Dearden’s skull was too damaged for a ballistics match.

Conclusion

Divorces may be messy and painful, but not as painful as a long term jail sentence!

Elliot S. Schlissel is a father’s rights lawyer representing fathers in all aspects of matrimonial and family law. father's rights divorce lawyer in New York

Wife Denied Child Support: Court Found Father the Custodial Parent

father's rights attorneys and advocatesJustice Matthew Cooper sitting in the Supreme Court Divorce Part in New York County, recently had a case before him involving dueling issues regarding child support. In this case the wife had sought temporary custody of the parties’ child. She also brought an application for a temporary award for spousal maintenance, child support and in addition asked she be awarded temporary attorney’s fees in this divorce case. The husband brought his own cross application. He also asked for temporary custody. He opposed all other aspects of the wife’s application.

The Judge’s Decision

Justice Cooper found the issues concerning custody were premature at this time. In his decision, Justice Cooper stated there were no exigent circumstances presented in this case. A custody determination would not need to be done on a temporary basis. He found custody was an issue to be determined after a full trial. He therefore denied both the motion by the wife for temporary custody and child support and the cross motion by the father.

In addition, Justice Cooper found, based on where the child spent overnights, the child spent more time with the father than with the mother. Therefore for purposes of determining child support he found the father was the residential custodial parent. This was another reason for turning down the wife’s request for child support.

Temporary Spousal Maintenance (Alimony)

Justice Cooper went through the mathematics concerning the statutory temporary spousal maintenance awards. He found that $3,506 was the mathematical amount the temporary maintenance award law required. However, he found based on a variety of factors under New York Domestic Relations Law, it was appropriate to make a downward deviation to prevent injustice. He therefore awarded the wife temporary spousal maintenance of only $650 per month. This was the same amount the father had previously been paying her on a voluntary basis. In addition, he awarded the wife $5,000 in attorney’s fees.

Conclusion

Fathers should not be shy about litigating issues of custody. Fathers have equal rights to obtain custody of their children.father's rights advocate on Long Island

What Are the Paternity Rights of Unwed Fathers?

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Elliot S. Schlissel is a father’s rights attorney who was has been representing fathers in paternity cases for more than 35 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.

Same Sex Marriage Does Not Prevent Father’s Paternity Lawsuit

Paternity rights for Long IslandersIn an unusual case in Monroe County Family Court, Judge Joan Kohout was presented with what may be referred to as a modern dilemma. A mother and her same sex wife, had a child born to them during the course of their marriage. Since the child was born during the course of the marriage, they claimed they were the legitimate two parents of this child. They argued in Family Court a man could not bring a paternity lawsuit claiming he was the father of the child. They argued the child had developed an attachment to the mother’s wife and therefore the father should be equitably estopped (barred) from being allowed to prove paternity of the child.

Judge Kohout pointed out the wife had not taken action to adopt the child. She also noted in her decision the mother and the wife were currently involved in a divorce lawsuit.

No Artificial Insemination

Judge Kohout in rendering her decision stated the mother had not been artificially inseminated. She had become pregnant as a result of having sexual relations with the man who sought to prove paternity. The sexual relations took place while she was married to her wife. The mother acknowledged the man seeking to prove paternity was actually the biological father of the child. Judge Kohout found based on these facts, even though the mother and wife were married at the time of the birth of the child, the father should not be precluded from proving he was the actual, biological father. The court took into consideration only 8 months had gone by since the child was born and the father filed his petition. The judge also stated in her decision there was no evidence the father had acquiesced or promoted the wife’s assuming the role of the parent of the child.

Judge Kohout concluded there was neither a presumption of legitimacy nor an equitable estoppel barring the father from bringing the paternity action. The court ordered that genetic marker testing be undertaken to determine if the father was indeed the biological father.

Conclusion

There is a doctrine called equitable estoppel with regard to heterosexual relationships. Under this doctrine, if a man acts as if he is the father of a child for a period of time, and thereafter changes his mind and seeks to have paternity testing to determine whether he actually is the biological father of the child, he should be barred from being able to show he is not the actual father of the child. Equitable estoppel is based under the idea it is in the child’s best interest not to change who the child perceives as his father. This is not necessarily a legal theory the writer subscribes to.Father's Rights attorney on Long Island

Disabled Father Awarded a Reduction in Child Support Obligation

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Elliot S. Schlissel is a father’s rights attorney.  His office can be reached at 516-561-6645, 718-350-2802, or by email to schlissel.law@att.net.

Father Overpays Child Support and Receives a Credit

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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.

Does the Present Income Rule Apply to Spousal Maintenance?

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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.