Biological Father Turned Away by Family Court
November 1st, 2011
In a unique ruling, Judge Julianne S. Eisman, sitting in the Family Court in Nassau County, has ruled that a non – biological father is the true father of a child and, furthermore, that the biological father is not and can have no visitation with the child. The child’s mother had a romantic relationship with two men. When she became pregnant, she didn’t tell either one about the existence of the other.
A few months after the child was born, father one (AH) decided the daughter looked like father two (MB). AH told MB that MB was probably the father. AH had numerous scheduled DNA tests that he refused to show up for. Eventually, MB took a DNA test and he was confirmed to be the father.
MB moved to New Jersey and had little contact with the child. MB took no legal action to establish his rights to be the father of the child. At that time, he was unaware that any one else claimed to be the child’s father.
The mother developed a relationship with a third man, hereinafter referred to as RB. She continued to have a relationship with RB on an “on again, off again” basis. RB maintained a close relationship with the girl who he believed was his daughter. The child lived with him and his mother from the time she was six months old. The mother eventually married a fourth man. Eventually all three men were put in communication with each other and realized what the real story was in this case. Judge Eisman, in her decision, stated that RB “holds the child out to be his daughter and the child refers to him as her real daddy.”
Equitable Estoppel
Judge Eisman, in her decision, stated that under the theory of Equitable Estoppel, RB, even though he was not the biological father, he is considered to be the father of the child and MB can no longer have visitation with the child.
We represent fathers! We have been doing this for more than thirty years. We litigate all aspects of divorce, including child custody, visitation, child support, spousal maintenance (alimony) and equitable distribution of property. We also represent fathers with regard to proceedings in family court. We litigate issues involving paternity, downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome. We also negotiate separation agreements for our clients. Feel free to call us for a free consultation.
Is Social Security a Ponzi Scheme?
October 14th, 2011
Republican politicians have recently referred to Social Security as a “Ponzi scheme”. This is an absurd misrepresentation of a program that has helped keep many of America’s senior citizens out of poverty. Rick Perry, the governor of Texas, in a recent debate, stated “it is a Ponzi scheme to tell our kids that are 25 or 30 years old today, you’re paying into a program that’s going to be there. Anybody that’s for the status quo with Social Security today is involved with a monstrous lie to our kids, and that’s not right.” What’s not right is that Governor Rick Perry is clueless as to the nature and makeup of the Social Security system!
Governor Rick Perry
The Social Security Trust Fund will have a surplus that will reach it’s peak in the year 2022. At that time, the surplus in the fund will be 3.7 trillion dollars. Social Security is a program that has worked for more than 50 years. Politicians shouldn’t mess with a system that already works well.
Joint Custody Modified, Father Given Temporary Custody of Both Children
September 26th, 2011
Justice Connelly, sitting in the Supreme Court of Westchester County, modified a joint custody order and gave the father sole temporary custody of both of his children. The parties had entered into a stipulation of settlement wherein each of them would have joint custody. The children would reside with the mother and the father would have regular parenting time with the children.
Prior to a judgment of divorce being entered, the children were removed from the mother’s residence. There was an incident which alleged that she was using physical force against the older child. Criminal charges were pending against the mother.
The children were temporarily placed in the father’s custody during the pendency of the criminal allegations against the mother. The mother asked the court to award her sole physical and legal custody of the parties youngest child and joint custody of the parties other child. The mother argued that this was in conformity with the recommendation of a court appointed forensic evaluator. Judge Connelly rejected the forensic evaluator’s suggestions. He found that splitting the children up could cause more potential trauma and harm. The court refused to transfer the temporary custody of the younger child to the mother. She awarded the father, based on the children’s best interest, temporary custody of both children.
We represent fathers! We have been doing this for more than thirty years. We litigate all aspects of divorce, including child custody, visitation, child support, spousal maintenance (alimony) and equitable distribution of property. We also represent fathers with regard to proceedings in family court. We litigate issues involving paternity, downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome. We also negotiate separation agreements for our clients. Feel free to call us for a free consultation.
Miranda Warnings as Applied to Children
September 23rd, 2011
How old must a child be before he or she can understand the Miranda warnings? The Supreme Court of the United States, in the case of J.D.B. vs. North Carolina, dealt with this issue. The court, in this case, rendered a ruling that police must take a suspect’s age into consideration when evaluating whether to give the Miranda warnings before questioning the suspect about criminal activity.
The Miranda warnings are that the individual being interrogated has a right to remain silent, a right to counsel, that any statement may be used as evidence against him and, if he or she can’t afford an attorney, an attorney will be appointed.
The Facts of J.D.B. vs. North Carolina
J.D.B. was a thirteen-year-old seventh grader. He was found near the site of home break-ins. He was questioned by the police without receiving his Miranda warnings. He initially denied complicity in the criminal activity. In the end, he confessed. He was given his Miranda warnings after confessing.
The Supreme Court Decision
The United States Supreme Court rendered a decision that a suspect’s age should be taken into consideration to determine whether he is “in custody” for purposes of being entitled to receive the Miranda Warnings. In the majority decision, Justice Sotomayor states “it is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave.” She further stated, “a child’s age is far more than a chronological fact. It is a fact that generates common sense and conclusions and perceptions…we have observed that children generally are less mature and responsible than adults and that they often lack experience, perspective and judgment to recognize and avoid choices that could be detrimental to them”, and that they “are more vulnerable or susceptible to outside pressure then adults.”
Being charged with a crime can have a major impact on a person’s life. In these circumstances, you want experienced, knowledgeable criminal defense counsel to protect your rights. For more than 33 years, the Law Office of Elliot Schlissel have provided criminal defense throughout the Metropolitan New York area for individuals charged with drug offenses, domestic violence, assault and battery, driving while intoxicated, juvenile defenses, shoplifting, burglary, weapons possession, sex crimes, white collar crimes, and all other types of misdemeanors and felonies. Our office is on call 24/7. We provide free consultations for all prospective clients.
Nassau County Loses Marijuana Evidence
September 21st, 2011
Recently, Nassau County, New York lost two bags of marijuana. The bags of marijuana had been seized as evidence by police officers. Due to problems with Nassau County’s crime laboratory, the marijuana was being shipped to a laboratory in Pennsylvania for drug testing. The shipment was carried by Federal Express. Unfortunately, the marijuana never arrived in Pennsylvania. I wonder where it went?!
Nassau County Police to Transport Drugs to Pennsylvania
As a result of the lose of the marijuana shipped by Federal Express, Nassau County police will be using their own police officers to drive drug evidence to laboratories in Pennsylvania from this point forward. Thereafter, the drugs will be tested in Pennsylvania.
The round trip to Pennsylvania will take approximately eight hours. There will be extremely expensive transportation costs incurred by the citizens of Nassau County for the transporting of these drugs.
As of now, it costs Nassau County approximately $100,000 a month to ship drugs seized by police officers to Pennsylvania. It is a shame that Nassau County must send more than a million dollars a year to Pennsylvania for laboratory testing, instead of creating local jobs for qualified individuals to work in a well supervised crime laboratory.
The procedures for the transporting of drug evidence came at the recommendation of State Inspector General Ellen Biben. She is still in the process of investigating the negligence and mismanagement that caused the Nassau County Crime Lab to be closed.
Should you, a friend, family member or loved one be investigated or charged with a crime, it is important to retain experienced, competent legal counsel as early in the investigation and/or arrest process as possible. For more than 33 years, the Law Office of Elliot Schlissel have provided criminal defense throughout the Metropolitan New York area for individuals charged with drug offenses, domestic violence, assault and battery, driving while intoxicated, juvenile defenses, shoplifting, burglary, weapons possession, sex crimes, white collar crimes, and all other types of misdemeanors and felonies. Our office is on call 24/7.
Order of Protection Fails to Protect Woman
August 24th, 2011
Santia Williams was murdered. The person responsible killed himself. The order of protection she had against her killer, her ex – boyfriend and her child’s father, did not work!
Santia Williams lived in Bayshore, Long Island. She had a child with Jason Jenkins. She was involved in litigation with him as to when he could visit their child. On July 12, 2011, he brought a shotgun into their apartment. He shot Santia Williams. She died of the wound. After killing his child’s mother, he turned the shot gun on himself. He died instantly.
Order of Protection From Suffolk County Family Court
When Santia’s relationship with Jason started to fade, arguments ensued. She was not giving him the visitation with his child that he demanded. Santia went to court and obtained an order of protection from the Suffolk County Family Court. Jenkins violated the order of protection when he rushed into Santia’s home and shot her. Sometimes orders of protection are just pieces of paper. They won’t stand up to bullets!
The law office of Elliot Schlissel have been handling divorces in the Metropolitan New York area for over thirty three years. We litigate all aspects of divorce related proceedings in the Supreme Court and Family Court. These proceedings involve divorce grounds, no fault divorce, child custody, mothers’ rights, fathers’ rights, child support, downward modification of child support, spousal maintenance (alimony) and domestic violence issues. In addition, we negotiate separation agreements, prenuptial agreementsand post-nuptial agreements for our clients. We litigate equitable distribution issues involving doctor, dentist and lawyer licenses. Call us for a free consultation.
Making Marriages Work by Being a Perfect Husband
August 23rd, 2011
When you and your spouse are together, don’t surf the internet. Spend quality time with your spouse. Don’t check for your messages on your cell phone. Look at your spouse, concentrate on what he or she is talking about and ignore your e-mails and text messages.
Buy Flowers, Women Like Flowers!
When men go on dates, they think about buying flowers during the courting process. Sometime after, married men typically stop buying flowers. The attractiveness of fresh flowers can put an affirmative spin on a relationship. Go for it and every now and then buy flowers.
Look Good
Staying in shape is important for both your health and your marriage. When young people are dating, they’re very attentive to how they look. Once married, they let themselves go. This can be demotivating from a sexual perspective for your spouse. Looking good is always helpful in a relationship!
Dress Well
Don’t take your spouse for granted. Try to look good when you’re with him or her. Dressing attractively impacts on your spouse’s perception of you and the sexual attraction between you. Keep yourself up, dress well and live healthy. Your life will be longer and your love life may be better.
Fathers are half the population of the world. In New York State, they share equal rights on issues concerning custody, visitation and all other aspects of matrimonial and family law. However, many fathers feel they get treated like second class citizens when they go to court. The job of the Law Office of Elliot Schlissel is to give fathers equal standing before the courts and protect their rights. We litigate all aspects of divorce, including child custody, visitation, child support, spousal maintenance (alimony) and equitable distribution of property. We also represent fathers with regard to proceedings in family court. We litigate issues involving paternity, downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome. We also negotiate separation agreements for our clients. Call us for a free consultation.
Hiring the Right Divorce Lawyer
August 19th, 2011
Divorces are very personal legal proceedings. You need a divorce lawyer who you have faith in, who is reliable and who you can trust. How do you decide that you have the right lawyer to represent you? Here are some suggestions:
1) Is your attorney familiar with the local court practices and procedures? Things are handled differently in different jurisdictions. The courts in New York City and Long Island differ on how they handle some aspects of matrimonial and family law issues. Is your attorney aware of these practices?
2) How do you feel about your lawyer? You should trust your instincts when you hire a lawyer. Are you comfortable with him or her? Is he or she dealing with your issues in a manner that makes you feel secure?
3) Does your attorney return your calls. Litigating divorce and family court issues can be aggravating and nerve racking. When you call your attorney, does he or she return your calls within 24 hours? Are your lawyers paying attention to your case?
Is Your Attorney Compassionate?
The law and the courts are cold. You may not always obtain the result you desire. Your lawyer should have compassion for your personal circumstances. You should be treated as a person with personal problems, not as a case file!
Professionalism and Interaction with Courts and other Attorneys
Your attorney should act in a professional, competent manner. He or she should do his or her best to deal with judges and opposing counsel. Sometimes antagonistic and difficult situations arise and your attorney must be very aggressive. Aggressive litigating may be necessary to get your point across. There are other times your attorney should be taking a negotiating posture to try and obtain the best possible result for you.
New York and Long Island Fathers’ Rights Lawyers
We represent fathers! We have been doing this for more than thirty years. We litigate all aspects of divorce, including child custody, visitation, child support, spousal maintenance (alimony)and equitable distribution of property. We also represent fathers with regard to proceedings in family court. We litigate issues involving paternity, downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome. We also negotiate separation agreements for our clients. Feel free to call us for a free consultation.
Jobs, Money and Marriage
August 17th, 2011
As the economy falls back into recession, monetary issues will become more significant to American families. Men and women will argue even more about financial issues.
Losing Your Job
When the primary bread winner loses his or her job, it creates an enormous amount of stress. The job market impacts on all aspects of family life. It becomes an issue for couples who are married or who are thinking of getting married. Can you imagine the impact the word “unemployed” has on your Facebook site! Putting this on a dating profile basically eliminates all your opportunities for social interaction. Dating and marriage relate to economic unions. No job, no deal!
Washed Up
Men in their forties and fifties who lose their jobs and are divorced will find it very difficult to get remarried. While unemployed, these men must live off their savings, if they have any. A recent Newsday article stated that men in their forties and fifties who lose their jobs have the same odds of returning to their peak earning potential as they do of their hair growing back!
Financial Distress
Recent surveys indicate that women are three times more likely to feel financial stress during periods of unemployment. Surveys women have greater guilt and concern about being unable to support their children than men.
The Economics of Divorce
The economics of marriage are difficult. The economics of divorce are even more complicated. When a marriage breaks up and both parties have to maintain their own household, both the man and the woman end up poorer. Some studies have indicated that it can take a divorced woman who has custody of her children up to five years to regain her pre-divorce standard of living.
Protecting Fathers’ Rights
The fathers’ rights lawyers at the Law Office of Elliot Schlissel have been representing fathers in matrimonial and family law proceedings for more than 33 years. Our law office aggressively represents fathers! We litigate all aspects of divorce, including child custody, visitation, child support, spousal maintenance (alimony)and equitable distribution of property. We also represent fathers with regard to proceedings in family court. We litigate issues involving paternity, downward modifications of child support, relocation problems,parental alienation cases and issues involving parental alienation syndrome. We also negotiate separation agreements for our clients. Feel free to call us for a free consultation.
Violence In Judge’s Chambers During Florida Divorce
July 29th, 2011
Kathleen Scott-Gonzalez appeared in court for a hearing on her divorce in Plantation, Florida. She expected this to be the final day of the trial on her divorce case. What she didn’t anticipate was that she would be beaten up by her husband in the judge’s chambers and end up with a broken nose and fractured jaw!
Kathleen and her husband Paul Gonzalez were in Judge Rothschild’s chambers. A hearing was underway concerning the issue of child support. Paul Gonzalez was acting as his own attorney. Both Paul Gonzalez and his wife Kathleen are ex marines.
Judge Rothschild was talking about child support. At that time Paul Gonzalez stood up and left the room. Judge Rothschild invited both litigants into his chambers to discuss the matter. When Paul Gonzalez entered Judge Rothschild’s chambers, he started punching his wife. He was behind her and started punching her in the back of her head. Unfortunately, there was no court officer in the room to prevent the assault. Both Judge Rothschild and Kathleen Gonzalez’s lawyer helped stop the beating. Eventually court officers came in to the room and subdued Mr. Gonzalez.
Paul Gonzalez has been charged with felony battery and resisting arrest. He is currently spending his time in the Brownwood County jail. His bail has been set at one million dollars.
Kathleen Gonzalez advises men and women if they are afraid their spouse, even in a court setting, they should ask the court for additional security. Kathleen Gonzalez thought she was safe in court. In the case of her divorce, she wasn’t!
Fathers should never represent themselves in a divorce. They should have knowledgeable father’s rights lawyers by their side at all times during matrimonial or family court proceedings.
The attorneys at the father’s rights Law Firm of Elliot Schlissel have extensive experience in dealing with issues involving paternity, child custody, orders of protection, child visitation and child support. We represent fathers wrongly accused of child abuse and child neglect by CPS and ACS. We deal with the attorneys for the child also in these proceedings. When fathers are downsized or lose their jobs, we bring applications to reduce their child support.
Our law office has extensive experience in dealing with parental relocation problems (when one parent moves), grandparent’s rights and equitable distribution of assets in a divorce. Our attorneys represent men in the Supreme Courts and Family Courts of Nassau County, Queens County, Kings County and throughout the rest of the Metropolitan New York area. Call for a free consultation.
Established in 1978, 
