The Elliot Schlissel New York Law Blog

Carl M. Perry had an order of protection against him.  This order of protection from the Family Court in Monroe County indicated he was to have no contact with his wife.  It further ordered, he was to stay away from his wife.

During the period of the order of protection, Carl gained access to his wife’s Facebook account.  He sent out letters to friends and family on his wife’s friends and family list.  In these letters he complained that his wife was using the parties children against him.  He further indicated that she was preventing him from seeing or communicating with his children.  Mr. Perry was charged with criminal contempt for violating the order of protection that barred him from having contact with his wife.

Justice DiSalvo, sitting in the Webster Town court, dismissed the criminal charges against him.  The Justice stated in his decision “changes in technology, including the way people communicate, continue to present unique challenges to the courts. As of the date (April 7^th) of this decision there were no reported cases of people charged with violating an order of protection for accessing Facebook.  One must look for cases where defendants are charged for indirectly contact a protected person by making statements to others.”  The court further held, that there was nothing in the order of protection that prevented him from accessing the Facebook account.

The court held that by communicating with individuals through Facebook he was not either directly or indirectly trying to contact Ms. Perry.  The court further stated, the order of protection did not prevent the defendant from having contact with individuals that happen to be listed on Ms. Perry’s Facebook account.  It also did not prevent him from having contact with family, friends or acquaintances.

Conclusion

This is a win for Facebook.  If you have an order of protection against you can still communicate with third parties through Facebook provided the order of protection doesn’t specifically mention no contact through Facebook accounts.

Justice Palmieri in the Supreme Court located in Nassau County, New York, has rendered an unusual decision in a divorce case.  Divorce Law in New York does not make fault a factor in equitable distribution of assets unless there is “egregious marital fault.”  In this case, the wife’s husband of ten years had been convicted of sexually molesting her eight year old granddaughter from another marriage.  The attorney for the wife sought to make an inquiry with the husband with regard to his conduct being a potential factor in the equitable distribution of the property.  The husband’s attorney brought a protective order application alleging that this conduct is not material to the equitable distribution of assets.

Sexual Abuse Is Egregious Fault

Judge Palmieri, in his decision, stated “it cannot be seriously argued that this could never be a sufficient basis…for finding ‘outrageous’ or ‘conscious shocking’ conduct no matter what disclosure of the underlying facts might reveal.”  He therefore, allowed the discovery of material to develop the facts in this situation.

Mrs. G stated that after her husband was convicted she had a nervous breakdown.  She was forced to take medication which prevented her from functioning properly.  She needed therapy, but could not continue with the therapy because her husband refused to pay for the treatment.

Judge Palmieri in his decision stated “notwithstanding the plea, no trial Court can fairly determine whether the defendant’s conduct was sufficiently outrageous or conscious shocking to affect equitable distribution on a conviction alone.”  This is due to the fact plea bargains are often the result of negotiations in which various factors come into play.  The judge went on further to say “the issue is his conduct and the effect on the plaintiff and his alleged victims cannot be used as shields.”

Conclusion

Judge Palmieri has deviated from the established law with regard to allowing fault to be taken into consideration in the equitable distribution of assets.  I presume this case will be appealed.  It is my expectation that it will be reversed by the Appellate Division.

New York Fathers Rights’ Lawyers

Sometimes when fathers come into Court, they find the playing field is not level.  The Family Court is often referred to as “mommy’s court.”  However, there is a way to level the playing field and that is to hire the most experienced, most competent aggressive fathers’ rights lawyers available.

The attorneys of the Law Offices of Elliot Schlissel are recognized throughout the metropolitan New York area as the premiere father’s rights lawyers.  We litigate issues involving divorces, child custody, visitation, changing child custody, child support, child abuse, child neglect, annulments, parental alienation cases, as well as orders of protections. Call us for a free consultation at 1-800-344-6431, 516-561-6645, 718-350-2802.

Divorce is a process where a person seeks to change his or her status of being married for the purpose of ending the marriage. It can be a quick, intelligent, well thought out process or it can be a horror story such as in the movie The War of the Roses.

An example of a divorce gone badly was recently in the newspapers in New York. Mr. And Mrs. Friedlander were involved in a tough, nasty divorce. Mr. Friedlander, a well known attorney, took a gun and murdered his wife and children. He then killed himself. There are many divorce horror stories. Should you find yourself involved in a divorce before it gets over the top, you should take the appropriate action.

Keep Your Sanity

If you find that your divorce is overwhelming you should seek out therapy. You may be facing issues such as fear and dependency. You must also keep your children’s best interest in mind during the divorce process. Professional help may be necessary to keep you on an even keel.

Domestic Violence

Sometimes things get out of control during divorces. Normally reasonable individuals get pushed towards domestic violence. If you live with your spouse and you feel you’re in danger you should act. Orders of protection and other devices are available to protect you from an aggressive spouse. Even if your spouse incites you, it does not justify violence!

Dealing With The Pressure

Divorces can bring intense pressure on families. Men and women often go tit for tat, with regard to pushing each other’s buttons. Children who watch one parent bullying the other can become bullies themselves. Learn how to deal with your spouse pushing your buttons. Don’t get carried away, don’t over react, don’t lose your humanity!

Therapy For Your Children

If you are involved in a bitter divorce and your children are exposed to inappropriate behavior it may be necessary to put them in therapy to help them deal with this difficult situation.

Divorce and Fathers Rights Lawyers

The fathers’ rights lawyers at the Law Offices of Elliot S. Schlissel have more than 100 years of combined legal experience with all divorce related issues. We deal with orders of protections, child custody, visitation, change in child custody, child support, family court issues, spousal maintenance (alimony) and child abuse and child neglect proceedings.

We have extensive experience in dealing with CPS and ACS problems. We bring applications on behalf of our clients to reduce child support. We also have extensive experience in handling paternity cases. Our office represents fathers in annulments, in dealing with equitable distribution and relocation problems. We negotiate separation agreements when appropriate for our clients. We also represent grandparents regarding grandparents’ rights issues. Call us for a free consultation.

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.

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.

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 mediation 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.

Supreme Court Justice, Robert J. Muller, has decided that under the new New York No Fault Divorce Law an objecting party is not entitled to a trial on the issue of fault the marriage is beyond repair. Justice Muller’s decision is an interpretation of New York’s year old No Fault Divorce Law. The Judge’s decision interprets the legislature’s intent that the new No Fault Divorce Law does not give an option to a spouse to demand a trial on the issue that the marriage is irreconciably broken.

The Judge in his decision stated “New York Legislature has enacted in DRL Section 170(7), a true No Fault Divorce Law which does not require proof of any fault, and which does not require or permit the government, through it’s courts, to put people seeking a divorce on trial regarding their marriage.” Justice Muller pointed out in his decision that his ruling is in agreement with a decision of Nassau County Supreme Court Justice Anthony J. Falanga in the case of AC vs. DR, where Judge Falanga ruled that a woman could not challenge her husband’s declaration the marriage was irretrivably broken. In that case the woman was also not allowed to have a trial on the fault ground.

Divorce Made Simple

The New Divorce Law eliminates litigation concerning fault issues of who did what to whom. However, issues involving child support, spousal maintenance, custody, orders of protection, visitation rights (parenting time) and attorneys fees in divorces are still subject to litigation.

Father’s Rights and Mother’s Rights

Mothers and fathers have equal rights regarding custody, visitation, child support, spousal maintenance and other issues in divorces. The Law Office of Elliot Schlissel have been litigating these issues for more than three decades. In addition, the law firm negotiates separation agreements, pre nuptial agreements and post nuptial agreements. In cases of one parent turning the children against another, the law firm litigates parental alienation and parental alienation syndrome related issues. Call for a free consultation. The offices phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802. The law firm phones are monitored 24/7.

Scott Schiffer was divorcing his wife, Lynn. He made an application under the new New York Domestic Relations Law section 170-70 for a Summary Judgment based on a irretrevable break down of his marriage to his wife Lynn for a period of six months.

Lynn opposed the Summary Judgment application. Summary Judgment asks a court to render a decision on the issues presented to it without the need for a trial. Lynn claimed that a judgment could not be granted because under the new law both economic and custodial issues concerning custody of the children had to be resolved for the court to finalize a judgment on the case. Her attorney argued to the court since neither of the issues have been resolved the court could not grant a Summary Judgment application on behalf of her spouse in this divorce proceeding. Justice Charles D. Woods, sitting in the Supreme Court of Dutchess County agreed with Lynn’s lawyer’s argument. The court’s decision held the new No Fault Divorce Statute clearly states a judgment cannot be granted unless the economic and issues in concerning child custody and visitation are resolved.

Long Island Divorce Lawyers

The divorce lawyers at the Law Office of Elliot Schlissel have been assisting New Yorkers and Long Islanders in obtaining divorces for more than 30 years. Our office has developed an expertise regarding issues concerning divorce, orders of protection, child custody, child abuse and child neglect, annulments, and issues involving high networth divorces. Our law office also negotiates pre nuptial and post nuptial agreements. We litigate issues concerning mother’s rights and father’s rights. Should you have Matrimonial or Family Court issues, call us. Our phones are monitored 24/7.

Temporary Spousal Maintenance

During the past year New York revolutionized its divorce laws. It adopted a new no fault divorce law that allows men and women to obtain a divorce in the State of New York by simply alleging that there have been irreconcilabledifferences between them for a period in excess of six months. The pleadings to obtain this type of divorce do not require the parties indicate what the irreconcilable differences were! This presents New Yorkers with simpler grounds to obtain a divorce.

With the new divorce law came a new set of rules for spousal maintenance (alimony). Unfortunately, the new rules are complicated, burdensome and tie judges’ hands. In the past Judges had discretion to do what was fair concerning temporary spousal maintenance (alimony) payments. That discretion has been limited by these new laws.

Prior to this new statute, Judges used a “balancing act” to determine what temporary spousal maintenance was fair in each given situation. The Court would review the family’s finances, take testimony about family obligations and try to arrive at a fair figure for temporary spousal maintenance (alimony). The theory was that the court should maintain the parties financial status quo during the pendency of a divorce. Items such as expenses for mortgage, rent, medical insurance, food and other necessities were taken into consideration by the Judge making a decision with regard to the payment of maintenance by one spouse to the other.

The New World of Spousal Maintenance

The new statute provides 19 separate financial factors in a formula that is to be used by the court in making determinations concerning spousal maintenance issues. The new statute provides a cap of $500,000 of income that can be subject to the calculations of spousal maintenance. In certain situations, Judges can discard the formula, but in those cases they must fully explain why they’re circumventing the formula. Unfortunately, Judges are utilizing the formula in almost all situations.

The Formula Doesn’t Work in All Cases

Supreme Court Justice Shannon Townsend, sits in Erie County. She is presently the head of the Office of Court Administrations Matrimonial Practice Advisory Committee. She has identified several problems with the Temporary Maintenance Statute. She has stated that some of the factors used in the temporary maintenance equation simply don’t make sense. Justice Townsend has stated that Judges are being forced to “fill in holes in the statute on a case by case basis”.

Statute Helps Low Income Wifes

The statute was designed to “even the playing field” between men, who often are the primary wage earners and women, who either weren’t working or had lower income. Emily Rubin, an attorney who worked for the Legal Aid Society of New York, claims the changes in the law have assisted low income women. She states the awards of spousal maintenance (alimony) are much fairer for women in low income situations or for women who don’t work.

Law Revision Committee

There is a Law Revision Committee who is responsible for studying changes in the divorce process, which also includes this Temporary Maintenance Statute. They are currently working on amendments, changes and modifications to this statute that may assist the courts and attorneys in obtaining balanced results.

Father’s Rights Lawyers

The Law Offices of Elliot Schlissel have been seeing to it fathers have equal rights and they are protected in the Family Courts and the Supreme Courts in the State of New York. This firm deals with all aspects of Family Law Practice and divorce. Issues such as child abuse, child neglect, spousal maintenance, child support, child custody, changing child custody, orders of protection and child abuse defense are the types of cases the law firm has extensive experience in handling. In addition, the firm litigates father’s rights cases involving parental alienation syndrome, relocation problems, equitable distribution of assets in divorce and no fault divorce issues in Nassau County, Kings County, Queens County, Suffolk County and throughout the rest of the Metropolitan New York area. In amicable situations, the law firm is involved in arbitration and mediation of issues. The Law Firm also draft pre nuptial agreements, post nuptial agreements and separation agreements. Call for a free consultation. The phones are monitored 24/7

Mothers and fathers both have the right to have parenting time with their children. All things being equal, and if both parents are fully capable of caring for their children, there is no reason why both parents cannot spend time with their child ,even if the parents have never been married and are not living together.

Court Ordered Visitation

When there is no court order in place fixing legal custody and parenting time with the child, both parents have equal rights to have access to their children. In New York, when a non-custodial parent is prevented from seeing the children, he has the right to file a petition seeking court ordered visitation with their child.

Once an order from a Court fixes custody and visitation, any attempt by a parent to prevent the court ordered visitation can be a violation of that court order. The noncustodial parent has the right to return to the Family Court and ask a judge to enforce an existing order fixing parenting time and custody.

Child Abduction and Relocation

The worst form of interference with custody and visitation is when a parent abducts the children and relocates without permission from the Court and without consent of the non-custodial parent. Relocating with the children can severely impact on the non-custodial parent’s visitation with their children.

Relocation Issues

Custodial parents who wish to move far away from the non-custodial parent must petition the family court for an Order which allows them to relocate. The custodial parent who wishes to relocate has the burden to show that relocating with the children is in the children’s best interest, and not just in the interest of the relocating parent.

Parents who abscond with their children and frustrate the non-custodial parent’s court ordered visitation are clearly in contempt of a court order and are subject to severe sanctions.

Mindy McCready Abduct her Child

Recently, the matter of the famous singer Mindy McCready having allegedly abducted her own child from the child’s legal guardian has received extensive news coverage. Though not involving interference with custody by a non-custodial parent, the interference of court ordered custody can still be a criminal offense.

Aggressive Fathers’ Rights Lawyers

The Law Offices of Elliot Schlissel have more than thirty years experience aggressively fighting for the rights of the fathers we represent. We deal with relocation problems, interstate abductions, international relocations and all other cases where the custodial parent seeks to move the child away from the locality where the father lives.

In addition, our law firm represents fathers with regard to domestic violence cases in both the Criminal and Family Courts, orders of protection, allegations of child abuse and child neglect, as well as paternity issues and divorces. We also represent grandparents in grandparents’ rights cases. Call for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.