Live chat- online now

We are here to assist you. Chat with us now.

Chat Banner

Can We Help You?

Menu
Squarebtn

contact us today

516-561-6645 718-350-2802 631-319-8262

free consultation

Mother’s Rights

Watch today’s video blog on the topic of Mother’s Rights:

Elliot S. Schlissel is a divorce attorney representing clients for more than 35 years. He and his associates handle all aspects of family law, divorce litigation, and custody proceedings. He can be reached for consultation by calling 516-561-6645, 718-350-2802 or sending an email to schlissel.law@att.net.

Father Wants Children Returned to Poland: The Court Disagrees

Child custody attorneyAnetta and Cezari were both from Poland. They both came to the United States and were married in Brooklyn, New York in 2003. After they were married, they went back to live in Poland. They had two sons, K.G. who was born in 2004, and M.G. who was born in 2008. There were claims 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 and she moved in with her. In 2012, Anetta brought a divorce proceeding in Brooklyn, New York against Cezari.

Family Court Proceedings

Both Anetta and Cezari brought a legal action 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.”New York family law attorney

Co-Parenting and Parenting Plans

Watch today’s video blog on the topic of Co-Parenting and Parenting Plans:

Elliot S. Schlissel represents individuals in divorces, custody cases, child support proceedings and all other family related matters. He and his associates have more than 100 years of combined legal experience. Elliot can be reached for consultation at 516-561-6645, 718-350-2802 or by email at schlissel.law@att.net.

ACS’ Actions Reversed by Appeals Court: Mother Given Custody of Her Youngest Child

attorney for family law matters in New YorkAdanna C. had four children. She had lost custody of the oldest three. After losing custody of her three children, she successfully completed counseling and parenting courses. Recently, an appeals court made a ruling returning her infant son to her custody.

History of the Case

In 2014, Adanna C. gave birth to a son. The Administration for Children’s Services (ACS) filed a petition in the Family Court alleging derivative abuse based on an earlier injury to one of the infant’s siblings. The Family Court ruled in favor of ACS. The court found that her son would be in imminent risk of harm if left in the custody of his mother. The child was removed from her custody in May 2014.

The Appellate Court reversed the Family Court’s decision. They cited in their decision verbiage from the Court of Appeals (New York’s highest court) which stated “imminent danger, however, must be near or impending not merely possible.” Based on their interpretation of these words they found the “Family Court’s determination that remand of the subject child to his mother’s custody would place him in imminent risk of harm is based upon nothing more than speculation that the mother would not enforce the Order of Protection as against the father.”

The mother had testified in the Family Court proceeding that she didn’t live with the father and that she would uphold an Order of Protection against him. The Association for Children’s Services (ACS) had visited her in the shelter where she lived. They confirmed she lived alone. A coordinator with regard to the mother’s supervised visits with her other three children testified that she interacts with all three children and is “attentive and loving towards all of her children.” She consistently brings food and other items consistent with her resources for the children.

Conclusion

This is a case where ACS was overly aggressive taking an infant child from his mother without reasonable cause to do so.New York family law attorney

Banks Agree to Eliminate Debts From Credit Reports After Bankruptcy Discharges

bankruptcy relief lawyerJP Morgan Chase and Bank of America, two of the largest banks in the country have agreed to update credit reports of individuals who had owed them money to show the debts were discharged pursuant to bankruptcy proceedings.

Federal Law requires once an individual files a Chapter 7 bankruptcy and is discharged from said bankruptcy that the bank who the money was owed to is required to update the debtor’s credit report to show the debt is no longer due and owing to the bank. Previous notations such as “past due” or “charged off” should also be removed.

Bank of America and Chase Manhattan Bank are taking this action because of Federal litigation which was brought against them which claimed the banks were holding borrowers’ credit reports hostage until these individuals agreed to pay money for debts that were discharged and they no longer owed.

Mortgages Discharged in Chapter 7 Bankruptcies

If an individual or husband and wife file a Chapter 7 bankruptcy and they list their mortgage in that bankruptcy, the mortgage debt is discharged. They therefore no longer owe the money. The bank still has the recourse of proceeding with a foreclosure action and causing the home to be sold and using the proceeds from the sale of the home to pay off the debt that was owed. If the sale of the home does not cover all of the debt, the homeowners are not subject to a deficiency judgment for the balance due and owing. If the bank refuses to remove the negative inference of the unpaid mortgage debt from the former homeowner’s credit reports it will have a negative impact on their obtaining credit in the future. It will also prevent them from rehabilitating their credit and obtaining a new mortgage in the future.New York family law attorney

Medical Marijuana Use Causes Mother To Lose Custody of Her Son

child custody attorney in New YorkA mother in Kansas had been using medical marijuana to deal with Crohn’s disease. The woman’s name is Shona Banda. She had been using marijuana to treat the debilitating impact Crohn’s disease was having on her life.

Her son, age 11, was attending a school function dealing with the negative impact drug use can have on people’s lives. During the function, he told the speaker that both his mother and another adult at his home use drugs on a regular basis. The speaker called the local police. The police searched the woman’s home and found more than one pound of marijuana at the home.

An emergency proceeding was brought in the local town court and Banda lost custody of her son. The local child protective services agency was keeping the son in protective custody.

Medical Marijuana

There are currently 23 states in the United States and the District of Columbia which allow marijuana for medical purposes. Unfortunately for Banda the state she lived in, Kansas, is not one of those states. Banda has written a book called Live Free Or Die. The book talks about using marijuana to treat Crohn’s disease and how it had an affirmative impact on her life. In addition, she had made YouTube videos extolling the benefits of medical marijuana use.

Permanent Custody

An interesting aspect of this case is that Banda lives about a one hour drive from the State of Colorado. In Colorado marijuana is legal for both medical purposes and for recreational purposes. The one hour traveling difference and the difference in attitudes between Kansas and Colorado may cause Banda to lose permanent custody of her child!

New York family law attorneyElliot S. Schlissel is an attorney who has been representing clients regarding custody issues for more than 35 years.

Child’s Surname Changed To That Of Stepfather


New York divorce attorneyIn a proceeding before Judge James D’Auguste in the Civil Court of New York County, an application was made by the mother of a fifteen year old boy to change her son’s surname to that of his stepfather. The mother had two younger children with the stepfather and sought to have all three children have the same last name.

Biological Father in Jail

The biological father of the fifteen year old was in jail. He submitted objections to the changing of the son’s name from prison. Judge James D’Auguste stated his analysis of the situation took into consideration the child’s everyday well being, his current relationship with his present family, his school, and the rest of society.

The proceeding brought by the mother showed the biological father’s only contact with his son was one letter per year. This was pursuant to an Order of the Family Court. In addition, Judge D’Auguste found that no child support was being paid by the biological father. Virtually all of the responsibilities a father could have for his child were being carried out by the stepfather. In this case, the judge found the stepfather was the predominant father figure in this boy’s life. In addition, the fifteen year old took the position that he was finding difficulties in his life utilizing his stepfather’s surname. He strongly supported the application that his surname be changed to that of his two younger siblings.

Judge D’Auguste, after considering all the factors, reached the decision allowing the change of the child’s surname to that of the stepfather.

New York family law attorneyElliot S. Schlissel is a father’s rights lawyer. He represents fathers in paternity cases, divorce cases, child custody and child support matters.

Suffolk County Enacts Domestic Violence Law

domestic violence defense attorneysThe County Legislature of Suffolk County has unanimously adopted a statute calling for risk assessment forms to help predict whether a domestic batterer will likely commit domestic violence again. The purpose of this statute is to aid victims who seek help from the police. This new statute will allow the police to make an assessment of the needs of individuals who dial 911.

Helping Domestic Violence Victims

Suffolk County Police will utilize a model which had previously been developed and used by the Police Department in Portland, Oregon to provide an enhanced scale to make reasonable assumptions concerning the risk of domestic violence offenders continuing to abuse their victims. It rates previous domestic violence offenders on a scale of 1 to 13. The higher the number on the scale the more likely this individual will commit future offenses. Before adopting the form, Suffolk County ran five years of domestic violence data through the questionnaires based on this form. They found the model assisted them in predicting recidivism among domestic violence offenders. Police in Suffolk County will utilize this score when responding to whether victims of domestic violence require further protection and help from Suffolk County. The victims of domestic violence will also be given the scores their abusers received to show them the level of danger they are facing in the future.

New York family law attorneyElliot S. Schlissel is an attorney who represents individuals regarding domestic violence offenses.

Child Custody Orders


Child Custody OrdersChild custody orders in New York are issued by the Supreme Court in divorce cases and the Family Court where petitions are brought for either child custody or visitation. When the court enters an order concerning custody and/or visitation the residential custodial parent needs to comply with these orders. Most custody orders contain detailed breakdowns as to when visitation is to start and end. The standard type of visitation granted by courts in New York give the non-residential custodial parent parenting time with the children every other weekend, every other holiday, access on birthdays and one dinner during the week.

Parenting Orders

Sometimes visitation orders interfere with the scheduling laid out by the custodial parent. In these situations, the custodial parent can communicate with the other parent and try to work out changes and/or modifications to the visitation arrangements. However, if the non-custodial parent does not agree to these changes he or she is entitled to visitation exactly as the court order indicates. The custodial parents who failed to abide by a court order can be subject to enforcement proceedings and contempt proceedings for violating court orders. In some situations, courts will even go as far as asking the custodial parent who violated the court order to pay the attorneys fees of the other parent.

Modifying Visitation Orders

Both parents have the ability to go back to court to try to modify the visitation order. The custodial parent can ask the visitation order be modified to reduce the access of the non-custodial parent. The non-custodial parent can bring an application to obtain more visitation or parenting time with the children. Courts today are very generous in giving the non-residential custodial parent access to the children.

Conclusion

If the parenting time (visitation order) no longer works for you, you can try to rework the visitation with the other parent or go to court to have the parenting order modified.New York family law attorney

Violence In Judge’s Chambers During Florida Divorce

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.

Child Support

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!

Father’s Rights Lawyer

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 Offices of Schlissel DeCorpo 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.

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.

Child Support

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!

Father’s Rights Lawyer

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 Offices of Schlissel DeCorpo 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.

Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore

  • banner-changes
  • image5
  • image6
  • image7