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Father Awarded Residential Custody

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Elliot S. Schlissel has been representing fathers for more than 35 years in all aspects of family law, child custody litigation 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.

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.

After The Custody Battle Is Lost

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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.

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.

Custody Legal Battles – Part II

father's rights attorney on Long IslandCustody Issues Before Litigating

Discuss settlement possibilities with your attorney and the realistic potential you will be successful if you take the custody case to trial. Custody battles can be emotionally taxing and expensive. Unless you are willing to fight the battle to the end and pay the expenses related to the battle, you should consider settling and obtaining the best possible parenting time access situation with your children.

Child Support and Custody Issues

It is extremely important the court not feel you are litigating the issue of custody to avoid paying child support. If the court feels the custody battle is a camouflaged issue involving child support it will have a devastatingly negative effect on your possibilities of obtaining residential custody of your children. It should be pointed out in New York, even if you settle a case with both of the parents having equal time with the children, the parent who earns more money will pay child support to the other parent.

Settling and Schedules

Work out your schedule prior to discussing settlement on custody and parenting time issues. Know what your schedule is. See if your family and friends’ can provide a support system. Have a back up system to help you take care of your children in the event you have an emergency, either related to work situations, illness, accidents of family members, or health issues involving yourself.

Parenting Time Schedule

The standard parenting schedule for the non-residential custodial parent is every other weekend, every other holiday, one or two dinners during the week and access on Father’s Day and the child’s birthday. If you are going to settle the case, negotiate for more than the standard visitation schedule. Customize the parenting time you spend with your children to deal with your work and life circumstances.

It is important you take into consideration the interaction your children have with your parents (their grandparents) and other family members. Children enjoy spending time with their cousins and other children of a similar age to them. Make sure your home is set up to provide a stimulating atmosphere for the children when they spend time with you. Children get bored very easily. You need to carefully take into consideration the children’s needs to be entertained, excited, and intellectually challenged.

Cordial Relationship With The Children’s Mother

This is a topic I have spent many hours discussing with my clients. You may be getting divorced because the children’s mother is a lousy human being. You may be divorcing her because you hate her guts. You also may be divorcing her because you consider her to be simply a pain in the butt. However, she is still always going to be the mother of your children! When the case is over, the court proceedings have finished, and the lawyers are gone, you are going to need to deal with her. This may require more character, patience, and reasonableness than you even needed to use when you interacted with her while you were married. Take into consideration your communication with the children’s mother promotes the children’s best interest. Put your children’s best interests over and above the anger, anxiety, and problems you have with their mother. Deal with her as best as you can. Even if you litigate a very nasty custody battle, at the end of the day you are still going to need to deal with her. Get used to it. For the sake of your children, put your pride, anger and aggravation aside!child custody lawyer

Custody Legal Battles – Part I

father's rights attorneyIn a situation where you are a father who has had an active relationship with your children, and you are now facing a divorce, what should you do to maintain your relationship with your children? To start with, you should do everything in your power to maintain the relationship you had with your children while your marriage was intact after your marriage breaks up. This means you should spend as much quality time with your children as is reasonable. To become the residential custodial parent, showing you are the nurturing parent involved in your children’s daily lives is extremely important. You should seek to have, at a minimum, equal parenting time with your children. If your custody issues are going to be litigated before a judge, you must develop a strategy so you can demonstrate to the court you are involved in the children’s activities on a daily basis. You must show you have a support system, which will help take care of your children while you are working or unavailable. You must provide the court with a realistic presentation demonstrating how you having custody of the children will be in the children’s best interests.

Finding the Right Lawyer

If you are a father who seeks custody of your children, you must choose an attorney who understands your motivation and your desires. Fathers are currently entitled to equal rights to obtain custody of their children. However, even though on paper fathers have equal rights to obtain custody of their children, statistics indicate there is still a bias within the legal system favoring mothers. The attorney you choose to represent you should have experience regarding father’s rights issues. He or she should have a history of representing other fathers in custody disputes. You do not want an attorney who is just getting started and using you as a guinea pig in his efforts to develop a winning strategy on father’s custody cases. Before hiring an attorney, read about the attorney online. Look into his or her previous experience in representing fathers in custody cases. Check to see if he or she has published articles with regard to custody issues concerning fathers.child custody attorney

Attorney for the Child

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Elliot S. Schlissel is a father’s rights attorney.  He represents fathers in custody litigation, child support litigation, and issues involving visitation rights and parenting time.  He and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

Mothers Are No Longer First In Line When It Comes To Child Custody – Part I

father's rights lawyerThere was a time in the 1970s when it was almost a foregone conclusion mothers would receive custody of their children unless they were unfit. Custody today is determined without discrimination as to the gender of the individual asking for custody. Mothers are no longer first on the custody line! The theory that mothers, because of their biology, are a better parent is a debunked myth. Mothers no longer automatically receive custody. The “tender years doctrine” which held mothers should receive custody of young children because a mother had a greater ability to provide love and care for young children and were better suited to meet young children’s needs is no longer accepted in the courts of New York. The argument that mothers had some type of biological superiority to become the residential custodial parent of children is now considered to be only a myth.

Fathers play an extremely important role in raising their children today. Fathers who are the principal caretaker of their children are becoming more and more common in America. Changes in who will receive custody of their children have been impacted on by changing gender stereotypes. The courts giving equality to both sexes concerning the issue of who should be the child’s custodial parent. The development of father’s rights attorneys who effectively litigate on behalf of fathers seeking custody of their children have also impacted on helping fathers receive custody.Father's rights advocate

Relocation Issues in New York

helping father's win custodyCan a residential custodial parent simply pack up with the children and move out of town, negatively impacting on the other parent’s visitation situation with the children and relationship with the children? The answer to this question is, no. It is necessary to have a signed and acknowledged agreement between the parents or obtain an order from either the Family Court or the Supreme Court allowing the residential custodial parent to relocate.

Best Interests of the Child

In the State of New York there is a case, Tropea v. Tropea which deals with issues concerning custodial parents relocating. This case determined the relocation of a custodial parent out of the “restricted area” should be determined based upon what is in the best interests of the children. As a result of this case, each request by a custodial parent is considered with regard to the circumstances of the parents and the children. A judge, after considering the facts and circumstances, renders a decision on what would be in the children’s best interest. The courts in these cases take into consideration the rights and needs of the parents as well as the needs of the children. However, the greatest weight is placed on what is in the children’s best interests.

Impacting on the Court’s Decision

The factors courts will consider on issues concerning relocation are:

 

  • the nature and circumstances of the relationships between the children and both the non-custodial and custodial parents;
  • how the move will impact on the quality and ability of the child to maintain a relationship with the non-custodial parent;
  • consider how visitation arrangements will be made with the non-residential custodial parent after the move;
  • the reasons for the parent seeking to move;
  • will the child’s life be enhanced educationally, emotionally, and economically related to relocating;
  • is the parent seeking to relocate making the application to the court in good faith;
  • the closeness of the relationship between the non-custodial parent and the children;
  • how often does the non-custodial parent visit with the children, recreate with the children, attend school, social and athletic events of the children;
  • can a new visitation arrangement be worked out which maintains the relationship between the non-custodial parent and the children;
  • is there hostility or interference with visitation by the non-custodial parent;
  • are there extended family relationships that will be impacted on by the relocation, either positively or negatively; and,
  • other facts and circumstances which the court feels are relevant to the parties’ situation.

Do You Need to Relocate?

If you need to relocate it is extremely important you hire the most qualified, experienced attorneys available to help you with these proceedings. Our law firm has litigated numerous relocation cases and we have an unparalleled record of success in dealing with relocation problems!father's rights relocation attorney

Parental Alienation Syndrome

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 of experiencing representing fathers in divorce, child custody and visitation 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.