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Mother’s Relocation to Florida Denied

Mother's Relocation to Florida DeniedA mother had brought a Family Court case seeking to relocate to Florida. She wanted to bring her child with her to Florida. The father had opposed this application. The mother lost her application in the Family Court. She thereafter appealed the denial of allowing her to relocate to Florida.

The Appeals Court Decision

The Appeals Court also denied the mother’s request to relocate and affirmed the prior decision of the Family Court. The Appeals Court took note the record did not show the mother’s plan to relocate was a real plan. The record was insufficient to establish the child’s best interests would be served by allowing the mother and the parties’ child to move to Florida.

The Mother’s Circumstances

The mother was unemployed. She had no family members or extended family in Florida. There was no information as to her having a job in Florida, what town she wished to live in and where the child would go to school. The mother claimed the father would be able to visit the child in Florida. However, the father’s work schedule and personal life were likely to prevent him from having any significant contact with his child if the mother was able to move with the child to Florida. It was also unlikely the child would be able to come back to New York to spend substantial time visiting with the father.

The mother claimed her financial and economic situation would greatly improve if she relocated to Florida. However, she did not show even if she received economic benefit, the parties’ child would benefit from this relocation.

Conclusion

If one parent seeks to relocate and the relocation has a negative impact on the other parent, the relocating parent must present a very detailed case as to how the relocation will benefit the child of the parties.

schlissel-headshotElliot S. Schlissel is a father’s rights lawyer representing fathers in custody, relocation, visitation, support proceedings throughout the Metropolitan New York area. He can be reached for consultation at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.

Moving with the Children after a Divorce Or a Relationship Ends

Moving with the Children after a DivorceLife is not static. Sometimes a custodial parent has to move or relocate. The move or relocation can be related to employment, other relationships or the need for a family support structure to help him or her with the children. Under normal circumstances a relocation can be an aggravating experience. However, custody issues and the impact the relocation will have on the non-residential custodial parent complicate the issues of moving outside the locality where the other parent resides. The custodial parent cannot simply move with the children. This would be a violation of the other parent’s rights to visit with and spend time with the children. So what do you when you are the custodial parent and you need to move?

Changing or Modifying the Visitation Order

If you are the custodial parent and you seek to move, the first step would be to contact the other parent. See if you can work out an amicable arrangement that would be fair to the other parent and mitigate against his or her losing some parenting time with the children You should make the other parent aware you will work with them and you seek to avoid the necessity of litigation regarding this issue.

Court Proceedings

If an amicable arrangement and modification of the existing visitation scheme cannot be worked out, it will be necessary that you bring a court proceeding. If you were married and divorced you can go to either the Family Court and Supreme Court. If you were never married to the other parent, the proceedings can only be brought in the Family Court. In these proceedings you must establish it is in the children’s best interest that you be allowed to relocate.

Contested Relocation Cases

The non-custodial parent will have to be served in these proceedings and he or she can contest the relocation. A presentation will need to be made to the judge to show the relocation is not intentionally having a negative impact on the other parent’s visitation rights and the relocating parent is going to cooperate and extend themselves to help facilitate parenting time with the other parent after the relocation. This court proceeding should be brought before detailed moving plans are made. The reason for this is unless the presentation in court is well presented the judge could render a decision preventing the children from being relocated.

Attorney Elliot Schlissel

Elliot S. Schlissel is a father’s rights attorney with 40 years of experience. He can be contacted at 1-800-344-6431 or at Elliot@sdnylaw.com.

Mother’s Relocation Application Denied

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Elliot S. Schlissel is a father’s rights lawyer.  Elliot has been representing fathers in relocation hearings, custody proceedings,  child support hearings 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.

Complying With Court Ordered Visitation Orders

father's rights lawyer in New YorkOnce a court order is issued by a court of competent jurisdiction concerning the issue of custody, the parties to the proceeding are required to comply with all of the provisions of this order. This is true even if compliance with the court order is inconvenient for one of the parties. Custody orders determine who shall have parenting time with the child during the course of a year. There can be problems with schedules concerning court ordered visitation. If the parties are not able to amicably work out changes in the scheduling of the visitation they have to comply with the court order.

Failing to Comply With Court Ordered Visitation

When a parent fails to comply with a court order concerning visitation and parenting time with the child, the other parent whose rights have been impacted can take legal action to hold the other parent in contempt, have that parent sanctioned, and/or have custody changed. In those situations, the court can ask the parent who violated the prior order to pay the other parent’s legal fees.

Custody orders usually take into consideration the child’s relationship with each of the parents and the non-residential custodial parent’s rights to have parenting time with the child.

Relocation and the Impact on the Non-Residential Custodial Parent

In situations where the residential custodial parent seeks to relocate the court will take into consideration how the relocation of the child will impact on the other parent’s ability to visit with the child and maintain a relationship with the child. There is an appeals case in the State of New York called Stetson v. Feringa which provides an important example of how courts in New York look upon requests for relocation.

In this case, the parents had joint custody of their son. The son resided with the mother and the father had visitation. The father had brain surgery prior to the child’s birth. He suffered from various impairments as a result of the brain surgery. The mother had been facilitating the visits with the father and providing transportation to and from the visits.

Mother Refuses To Provide Transportation For Child’s Visits With Father

The mother met a fellow online and decided to marry him. Unfortunately she lived in New York and he lived in Oklahoma. For purposes of the marriage he temporarily moved to New York. After the marriage, the mother refused to provide transportation for the visits of the boy and his father. Due to the lack of transportation the father had no visitation with his son for about six months. Thereafter the mother brought a proceeding to modify the prior custody order. She also sought to move with the son to Oklahoma. The Family Court found the mother’s request was without merit and dismissed the proceeding. She appealed the ruling.

The Appeals Court

The appeals court rendered a decision that the purpose of the mother moving to Oklahoma was her remarriage. The court found this was not a sufficient reason to uproot the boy. They found it was not in the child’s best interests to move to Oklahoma, but in the mother’s best interests. The mother claimed she would have enhanced financial capabilities in Oklahoma, but the court found these were not significant enough to overcome the fact that it was not in her child’s best interest to move from the locale of the father.

Out of Court Resolution

If you are having difficulty concerning visitation and parenting issues with the other parent of your child, the best way to deal with this is through an out of court negotiated resolution. If you cannot speak to him or her, you can hire an attorney to deal with this issue.

help for fathers in New YorkElliot S. Schlissel is a father’s rights lawyer who represents clients concerning custody, child relocation, divorce, child support and other family related issues. He has been helping his clients for almost 40 years regarding these matters.

Factors Considered in a Relocation Application

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Elliot S. Schlissel has been representing fathers for more than 35 years in all aspects of family law and divorce law.  He and his associates are available for consultation.  To schedule a consultation, please call 516-561-6645 or 718-350-2802 or send an email to 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.

Father Wants Children Returned to Poland: The Court Disagrees

father's rights lawyer in New York CityAnetta and Cezari were born in Poland. They both came to the United States to be married in Brooklyn, New York in 2003. After they were married, they returned to Poland to live. They had two sons, K.G. who was born in 2004, and M.G. who was born in 2008. There were claims that their relationship involved spousal abuse.

Anetta Moves to New York

Anetta took her children and immigrated to New York in April 2011. Her mother had been living in Brooklyn. She moved in with her. In 2012, Anetta brought a divorce case in Brooklyn, New York against Cezari.

Family Court Proceedings

Both Anetta and Cezari brought proceedings in the Family Court of Kings County (Brooklyn). Anetta was granted both legal and physical custody of the parties’ children by the Family Court. Cezari was given visitation with the children, but the visitation had to take place within the United States.

U.S. District Court Proceeding

Cezari brought a proceeding in the U.S. District Court for the Eastern District of New York (a federal court). He took this action under the Hague Convention, an international child abduction remedies act. He asked the District Court to have the children returned to Poland with him. Judge Frederic Block sitting in the Eastern District of New York found the children’s removal from Poland may have violated Cezari’s custody rights under Polish Law. However, he also found the children had “settled” in the United States. Pursuant to Article 12 of the Geneva Convention this made the United States their home. He found they attended school and church in the United States. He also found they were old enough to form relationships and attachments in their new home.

The judge did find there were some questionable issues concerning Anetta’s financial stability and also issues about the children’s appropriate immigration status. However, after reviewing all of the factors Judge Block found the children had “become so settled in their new environment that repatriation [is] not in [their] best interests.”

Conclusion

If you want to challenge custody, bring court proceedings immediately. If the children become too settled in their new country you may not be able to repatriate them.father's rights advocate on Long Island

Relocation Issues

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Elliot S. Schlissel is a father’s rights attorney who has been helping fathers maintain relationships with their children for more than 35 years.  He and his associates represent fathers in all aspects of matrimonial and family law.  Elliot can be reached for consultation by calling 516-561-6645, 718-350-2802 or by sending an email to schlissel.law@att.net.

Mother Prevented From Removing Child From The Country

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Elliot S. Schlissel is a father’s rights attorney.  He has been representing fathers in all types of family law matters and divorce issues for more than 35 years.   He and his associates work diligently to help fathers in custody cases, visitation proceedings, and in handling relocation issues to allow the fathers parenting time with their children.  Elliot can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

Mother Forced to Return Children to Israel

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Elliot S. Schlissel is a father’s rights attorney who was has been representing fathers 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.