The Elliot Schlissel New York Law Blog

In a paternity by estoppel situation a man who is not the biological father of a child can be forced to pay child support. In the matter of Shondel J. v. Mark D., 7 N.Y. 3D 330, 853 NE 2d 610, 820 NYS 2d 199, 206 NYSlop op.05238 the New York State Court of Appeals held in a child support proceeding a man who had mistakenly represented himself as the child’s father could be estopped (stopped) from denying paternity. In this case the child justifiably relied on the man’s representation of paternity. This is true even though DNA testing showed the man was not the actual father of the child. The court reached this conclusion based on the best interest of the child.

Dilemma For Men Who Support Children

There is a dilemma for men who seek to help children. Imagine a case where a man seeks to help support his girlfriend’s child. He pays periodic child support. Thereafter he breaks up with the girlfriend. She brings a proceeding in the Family Court requesting he be forced to pay child support. She can allege in the suit that by paying the child support in the past he represented he was acting as the child’s father. The man could ask for DNA testing which would show that he is not the biological father of the child. When the case becomes before the Judge, the Judge can stop him from presenting evidence that he is not the actual biological father of the child because it would be in the child’s best interest to have a relationship with a father figure. It’s in the child’s best interest that money be received by the mother to help support the child. Is this justice? In the writer’s opinion, it is very questionable. No!

Conclusion

If you are helping to support a child that is not yours, be careful. Should your relationship with the mother end, you may be forced to make involuntary child support payments, even if you are not the biological father of the child.

New York Father’s Rights Lawyers

The Law Offices of Elliot Schlissel is well known for protecting father’s rights throughout the Metropolitan New York area courts. Our law firm has extensive experience in representing fathers with regard to all types of Supreme Court and Family Court proceedings. We represent fathers with regard to all aspects of divorce and all divorce related issues, such as child custody, child visitation, child support, spousal maintenance (alimony), equitable distribution of property and a negotiation of separation agreements.

Orders of Protection

In situations where the fathers are alleged to have acted inappropriately concerning their spouse, girlfriends or children, we represent fathers in dealing with orders of protection, child abuse and child neglect proceedings, Child Protective Services (CPS) and Association for Children Services (ACS) proceedings as well as issues involving paternity. We also have extensive experience in obtaining annulments for fathers, reducing child support and dealing with parental alienation situations where mothers turn the children against fathers. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718- 350-2802.

A wife recently brought a proceeding before Judge Anthony J. Falanga in the Supreme Court located in Nassau County. She claimed in this proceeding the 1998 prenuptial agreement she executed should be set aside. She alleged her husband fraudulently induced her into signing the agreement. She was convinced to sign the prenuptial agreement because of her spouse’s promise to destroy it upon the birth of the couple’s first child. He promised as soon as the first child was born all of the assets of the marriage will be placed in both her and his name.

Husband Duped Wife Into Executing the Prenuptial Agreement

Judge Falanga carefully reviewed the evidence submitted to him on this case. He rendered a decision declaring the prenuptial agreement null and void. He found the husband had made promises to the wife at the time of the execution of the agreement. These promises were lies and misrepresentations. The husband had no intention of carrying out these promises. He only made these promises for the purpose of convincing the wife to sign the prenuptial agreement so the wedding would take place.

The court noted the husband only provided the wife with a copy of the agreementa short time prior to the wedding date. Judge Falanga stated “this was calculated and speaks volumes as to the importance he attributed to being protected financially from a possible failed marriage.” The court in it’s decision stated “the wife had justifiably placed her trust in her future husband’s representations to her detriment and was damaged by being denied a share of significant marital property.”

Conclusion

If you’re entering into a prenupital agreement, it should be prepared long in advance of the wedding and trickery should not be used to induce a party to execute the agreement.

New York Divorce Lawyers

Jennifer Burger wanted to marry Mr. Diack. Michael Diack is a convicted level one sex offender. Jennifer brought a proceeding before Judge Maron, who sits in the Supreme Court located in Nassau County, New York. She asked the court to set aside a January 2009 stipulation contained in her divorce judgment from her previous husband Robert Burger. She sought to set aside this stipulation so she could marry Michael Diack. The stipulation, which she had executed, required three adults be present any time Mr. Diack was around the Burger’s children, currently 8 and 13 years of age.

Judge Refuses to Set Aside Stipulation

When Judge Maron refused to set aside this stipulation, he effectively blocked her from ever marrying Mr. Diack. She couldn’t marry Mr. Diack because she could not live with him in the same residence as her children pursuant to the stipulation.

The Judge’s decision stated there was no change in circumstances that would justify his setting aside this agreement. Jennifer’s attorney, stated “this woman should not have to choose between the man she loves and wishes to marry and being the custodial parent for her children, when her fiance poses no risk of harm to the children.”

Jennifer’s fiance has pled guilty in 2001 to possession of child pornography in the third degree and for grand larceny for writing bad checks. He was given a sentence of two to four years in prison and labeled a level one sex offender.

Father Seeks to Protect His Children

The children’s father, Mr. Burger opposed the vacating the stipulation, claiming Mr. Diack would be a danger to his children. Mr. Burger’s attorney claimed his client’s opposition to setting aside the stipulation was driven by a “a legitimate concern” for his children.

Father’s Rights Lawyer

Fathers have rights that need to be protected. In situations involving divorces orders of protection, child custody, child visitation, child abuse and child neglect proceedings, fathers need aggressive, experienced advocates. Fathers dealing with issues concerning paternity, annulments, equitable distribution of assets in a divorce, relocation problems and parental alienation problems should seek out the very best lawyers available to represent them. The Law Office of Elliot Schlissel is a recognized father’s rights law firm. We have litigated numerous matters on behalf of fathers throughout the Metropolitan New York area for more than 30 years. We are well known and respected in the courts and by our adversaries. Call us should you have an issue you wish to discuss.

Judge John T. Hecht recently dismissed prostitution charges against a sixteen year old girl who was accused of hustling. Judge Hecht sits in the Criminal Court in Kings County. He has adopted the point of view young prostitutes are simply sexually exploited children. He stated with regard to the case of People vs. Samantha R, 2011kno 9255, “the criminal justice system is not always the best venue for addressing societal problems.”

In this case Samanthar R was arrested after she solicted males for prostitution. She was inititally charged with loitering for the purpose of prostitution. This is a noncriminal violation punishable only up to 15 days in jail.

Safe Harbor for Exploited Children’s Act

Judge Hecht, in his decision, stated the legislature in 2008 enacted the “Safe Habor For Exploited Children Act.” Judge Hecht interpretted this statute to mean sixteen and seventeen year olds who are charged with prostitution should be referred to the Family Court and not prosecuted criminally. Judge Hecht further stated “if she is incapable of consenting to intercourse, the incapacity does not change because she agrees to except money.” Judge Hecht’s position is that the Safe Harbor Act precludes prosecution for prostitution of cases such as the one involving Samantha R.

Criminal Defense Lawyers

Should you be charged with a crime, you need the best possible legal representation. The criminal defense lawyers at the Law Office of Elliot Schlissel have been representing New Yorkers and Long Islanders for more than thirty years. We have experience in handling cases involving white collar crimes, violent crimes, computer and internet crimes, drug offenses, driving while intoxicated (DWI), weapons possesssion charges, juvenile cases, assault and battery, and all other felonies and misdemeanors. Call us for a free consultation. Our phones are monitored 24/7. We can also help you arrange for bail and in some situations expunge matters from your record.

Susan Powell has been missing since 2009. She had two children, ages 4 and 6. The children had been staying with her husband, Josh Powell during her absence. Recently the Washington State Children’s Administration removed the children from Mr. Powell’s home. It seems that Josh Powell was also living with his father Steve. Steve has been charged with possession of child pornography and voyeurism. This has caused the children to be removed from Josh’s custody and placed in the custody of his wife’s parents. This action was taken by the Washington State Children’s Administration, even though Steve advised them “I have nothing to do with any kind of illegal pornography.” Josh claimed that he’s a loving father and good to his children. He alleged his children were not at risk and they had not been exposed to any type of inappropriate material such as pornography.

Steven Powell Charged With Crimes

Steven Powell has been jailed on 14 charges of voyeurism and pornography possession. His bail has been set at $200,000.00.

Child Custody and Pornography

If you have custody of your children it is important to make sure that the other individuals residing in your household are not engaged in activities that may create a dangerous or inappropriate environment for your children. Children need to be protected and individuals involved with child pornography are considered to be very poor role models and guardians.

Father’s Rights Lawyers

Father’s rights are protected by the lawyers at our law office. For 30 years we have been assisting fathers in matrimonial and family law matters and family court proceedings. We represent fathers involved in divorce proceedings, orders of protection, child custody, child visitation matters, changes in child custody, child support matters, spousal maintenance, child abuse and child neglect proceedings. In addition, we help our clients to reduce child support payments, we defend the in paternity actions and deal with parental alienation situations. We also negotiate prenuptial agreements and postnuptial agreements for our clients. In amicable situations we negotiate separation agreements and participate in arbitration and medication of marital issues. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802. Our phones are monitored 24/7.

On March 23, 2000, Jerry Amaro, age 36, was beaten to death by officers of the Oakland Police Department during a drug arrest sting. Recently, his family settled their case against the City of Oakland for $1.7 million dollars. The cause of his death on October 21, 2000, was pneumonia, which resulted from multiple rib fractures and a collasped lung, which he received during the beating.

Amaro spent five days in jail. During his incarceration, he requested medical assistance. His requests were initially ignored, but he eventually saw a doctor for his injuries.

Investigation Finds Amaro Was Severely Beaten

After Amaro’s death, an investigation was conducted with regard to the incident.  Investigators found that Amaro was “severely injured during his arrest”. The investigation also found five police officers had used “some form of physical force” on Amaro without a valid reason for this use of force or mentioning this use of force in their police report.

The 1.7 million dollars received by Amaro’s family is insufficient for the loss of his life, given the especially heinous treatment he received.

Personal Injury Lawyers

The Law Office of Elliot Schlissel represents New Yorkers with regard to all types of injury cases. Car accidents, truck accidents and slip and fall cases are routinely handled by our office. We can also help you obtain compensation for injuries received as a result of premises liability, construction accidents and wrongful death cases. In addition, our office has handed cases involving dog bites from vicious dogs. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

If you seek a non-confrontational approach to ending your marital relationship, mediation may be the route for you to take. Mediation is a type of Alternative Dispute Resolution (ADR), which can be a very cost-effective and efficient manner of amicably working out divorce related issues.

Mediation, Not Litigation

Mediated divorces are not litigated and there are no court appearances. A trained and neutral third party, usually an attorney familiar with matrimonal and family law, meets with the parties and reviews all issues with them in a non-confrontational manner. If the parties are mature, reasonable, and patient, mediation may be the best route to take with regard to handling a divorce case.

Divorces Where Mediation Won’t Work

Mediation, however, is not for everyone. Situations where the parties are not talking to each other or are not amicable do not present a good prospect for mediation. Cases involving very volatile relationships are also inappropriate cases for mediation. Further, domestic violence matters should not be mediated.

Mediation Requires Good Faith

For mediation to be successful both parties must be honest with each other. If either party hides assests or seeks to intimidate the other party, mediation is not going to work.

Divorce Can Be Difficult

Divorcing your partner can be a difficult process. Long term decisions need to be made on issues such as child custody, visitation (parenting time), spousal maintenance (alimony), equitable distribution of assets, dealing with business assets, valuing professional degrees, as well as the grounds for divorce. If you decide to use mediation, you should choose your mediator carefully. The Matrimonial and Family law attorneys at the Law Office of Elliot Schlissel have more than 100 years combined experience dealing with all types of Matrimonial and Family Law issues. We are available to discuss mediation and other divorce related topics. Contact us for a free consultation.

Philip E. Parker, a former inmate in a Baltimore jail, was being transported by correction officers in a jail bus when he was murdered by a fellow immate. His family brought a lawsuit claiming that the four correction officers and the State had acted negligently in the supervision of the prisoners on the bus, and as a result of their failure to supervise, that another inmate, Kevin Johns, killed Mr. Parker during the bus trip.

18.5 Million Dollar Jury Award

A jury in the Baltimore City Court awarded Parker’s family 18.5 million dollars based on this incident that took place in 2005. The State argued the situation on the bus was not foreseeable and therefore they were not negligent. The State claimed that the incident happened very quickly, and that the bus was dark, further preventing the correction officers from intervening.

The State’s Appeal

The attorneys for the State have indicated they plan to appeal the verdict. The 18.5 million dollar verdict involved 7.5 million to Parker’s mother, 1 million payable to his father and 10 million dollars to be paid to his estate. The attorney for the Parker family, Samuel M. Shapiro, stated “immates in prison are human beings. These human beings, while incarcerated, need to be treated as human beings and if necessary, protected by the prison personnel from being murdered by other prisoners.”

New York Personal Injury Lawyers

For more than 30 years the Law Office of Elliot Schlissel has represented New Yorkers with regard to all types of personal injury cases. We have extensive experience in handling both car and truck accidents. Our office can provide legal representation in cases involving slip and fall accidents, premises liability, wrongful death matters, construction accidents, as well as nursing home neglect situations. We also have handled dog bite cases. Call us for a free consultation. Our phones are monitored 24/7, and we can be reached at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Jonathan Lipman is the Chief Judge of the State of New York.  He seeks to reform our legal system with regard to the prosecution of teenagers as adults. He believes that teenagers who commit minor crimes should have these matters handled by the Family Courts and not the Criminal Courts. New York is one of only two states in the United States that try sixteen and seventeen year old as adults for minor offenses. Thousands of non violent youthful offenders should be given community service instead of being sentenced to jail as adults. When teenagers receive criminal records it has a negative impact in their fitting into society and obtaining meaningful employment in the future. Why should young lives be decimated by mistakes made as teenagers! Sometimes these teenagers are convicted before they grow into mature, reasonable adults. They should at least be given a chance to succeed.

Judge Lipman seeks to have the State Sentencing Commission submit a new bill to the State Legislature in 2012. He wants teenagers accused only of violent crimes prosecuted as adults. Teenagers who are charged with non violent crimes will have their cases handling under a pilot project in the Criminal Courts. Judge Lipman feels being more insightful with regard to the handling of cases involving teenagers in the long run is a better policy and will save large sums of money for the State’s present recidivism and eliminate unnecessary prison overcrowding.

I strongly agree with Judge Lipman’s suggestions. I hope the State Legislature will carry through with his ideas.

Family Court Lawyers

The Family Courts in the State of New York handle a variety of cases. They deal with orders of protection, child custody matters, juvenile cases, child abuse and child neglect cases. In addition, they deal with all types of problems involving juveniles. Both father’s rights and mother’s rights need to be protected in cases involving orders of protection in the Family Courts.

Our office can also assist you with regard to divorce related issues in the Supreme Courts. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

During a busy Friday, four masked men in blue painter’s overalls proceeded from a Cadillac Sedan into the Americana Mall in Manhasset, New York. They entered a jewelry store and took out their guns. In addition to their guns, they took out sledge hammers. This all took place at about 2:00 pm in the London Jewelry Store located in Manhasset, New York. The men told the employees and customers to lie on the ground. They then raised their sledge hammers and broke the glass cases. They emptied the cases of watches and then ran off to a waiting black Cadillac Escalade. The men and women in the store were shocked by these events.

Nassau County Police On the Job

Approximately two hours after this brazen robbery four of the six criminals were apprehended. None of the stolen loot was recovered from these men.

The mall in which this robbery took place is located in an affluent area on Long Island. The mall is approximately a quarter mile long and has luxury retailers, such as Tiffany, Prada, Louie Vuitton, Versace and Fendi. This is the first time a significant crime of this nature as ever taken place at this mall. All the employees and shoppers in the store were very shaken up by this brazen robbery.

Criminal Defense Lawyers

It is important you have the best available criminal defense lawyer, should you be charged or investigated of a crime. The Law Offices of Elliot Schlissel has more than 30 years of experience in defending individuals investigated or charged with crimes. We are experienced in handling drug offenses, domestic violence, assault and battery, juvenile offenses, driving while intoxicated, weapons possession, sex crimes, computer and internet crimes and all other felonies and misdemeanors. If you ever need an attorney you can call us at 1-800-344-6431, 516-561-6645 or 718-350-2802. Our phones are monitored 24/7.