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Amicable Divorce

Amicable DivorceJeff Bezos, the richest man in the world, is getting divorced from his wife. The Bezos’ seek to avoid fighting, arguing, anguish and other problems associated with a nasty, drawn out legal battle in a divorce. Is there a right way to get divorced and a wrong way? Jeff Bezos and his wife Mackenzie are trying to do divorce the right way. So what is the right way?

Do Not Seek To Hurt Each Other

Jeff and Mackenzie Bezos have 4 children, 3 natural born and 1 adopted. When parents have children they are going to be dealing with each other for the rest of their children’s lives. During the divorce process if lines are crossed and problems are created that will not allow the parents to forgive each other, in the end the children will suffer. Parents should never let their hostility show to their children. Children are designed by God to love both their parents. When one parent denigrates the other in front of the children, the children are victims.

An Imperfect Coupling

Most people are imperfect human beings. Divorces can be caused for a variety of reasons. However, whatever the reasons are the parties must move forward with their lives and they must do everything in their power to help the children deal with this situation.

Amicably Resolving Divorce Issues

The best way to resolve divorce issues is for the parties in the divorce and their respective attorneys to meet and have a reasonable discussion of all of the issues. The issues in divorces usually breakdown to custody, visitation, division of assets, child support and spousal maintenance. These matters can be worked out amicably in a conference room or there can be a blood and guts trial in front of a judge. Litigating a divorce is very expensive. Sometimes the litigants in divorces get so carried away that the only real winners are the lawyers. To facilitate a resolution and a settlement of the issues in a divorce both parties must come to the table and be willing to make reasonable compromises. In the end, less than 5% of all divorces go to trial. If you are getting divorced you don’t want to be in that 5% that goes to trial!

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer. He has been representing men and women throughout the Metropolitan New York area for than 40 years. He can be reached for a free consultation either 800-344-6431 or e-mailed at Elliot@sdnylaw.com.

Judge Finds Child’s Best Interests Are Served By Mother Being Allowed To Relocate

Mother Being Allowed To RelocateIn a case before Judge Aija Tingling ,who sits in the Family Court of New York County, a mother brought a petition seeking to relocate with her child. The father opposed the mother’s application. The mother claimed she was hoping to relocate to Miami, Florida. She claimed her family resided there. The father convinced her initially to stay and go to New Jersey. The mother in this case claimed the relocation would provide the child with better housing, in a safer neighborhood and better educational opportunities. She claimed for these reasons it was in the child’s best interest to allow her to relocate.

No Modification of Prior Custody Order

The father’s attorney claimed a change in circumstance would be required for the modification of the present custody order. Judge Tingling found the change in circumstances was required only for a modification of a custody order. Since the court took note the mother was not seeking to modify a prior custody order, a change in circumstance would not be necessary to obtain the court’s permission to allow her to relocate.

The Court’s Decision

Judge Tingling found the mother testified in a credible manner. The testimony showed that the relocation would enhance both her life and the child’s. Judge Tingling found the mother’s testimony established the child would benefit physically, financially and educationally from the relocation and the father would not be denied meaningful access to the child. The father argued the relocation would interfere with his parental access. Judge Tingling disagreed with the father’s position. She found that the mother was able to show the relocation was in the child’s best interest. It also would not interfere with the father’s parenting time. She therefore granted the mother the application to relocate.

schlissel-headshot Elliot S. Schlissel, Esq. is an attorney who litigates relocation actions and objections to relocation proceedings throughout the Metropolitan New York. He can be reached at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.

Application for Order of Protection Dismissed: Petitioner Failed to Move Forward with Prosecution

application for orderIn a recent case before Judge John Hunt, who sits in the Family Court in Queens County, applications for orders of protection were initiated. Judge John Hunt found the parties had been involved in an intimate relationship. They had one child together. Each of the parties had filed many petitions for orders of protection against each other over a 30 year period.

Many Petitions for Order of Protection Filed

Judge Hunt took note that not one of the petitions that had been filed was moved forward with. The parties failed to appear on the return dates of these petitions. The petitions therefore had been dismissed. Latonya had been making the same allegations in her petitions for orders of protections since 1994. She claimed the defendant, Jefferson, had a gun and he threatened to kill her as she did not want another child with him.

Jefferson’s Requests for Court Intervention

Jefferson also requested court intervention to stop Latonya from filing more petitions for orders of protection. He claimed these petitions resulted in his being arrested and losing jobs. Judge Hunt took note that in the case of such parties as Latonya and Jefferson who were not in a relationship for more than 30 years, there was no guidance as to whether such situations qualify to permit further applications under the “intimate relationship” as defined by the Family Court Act. Judge Hunt noted the legislature could not have intended to allow individuals to air their grievances and continuously file petitions after their personal relationship had failed.

New Orders of Protections Required Judge’s Approval

Judge Hunt dismissed Latonya’s newest petition for failure to prosecute. He also entered a ruling that neither party was permitted to file a new application for an order of protection in the Family Court without his prior approval.

schlissel-headshotElliot S. Schlissel, Esq. has represented clients for over 30 years in the Family Courts in the Metropolitan New York area with regard to neglect and child abuse cases. He can be reached at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.

Parenting After Divorce

You just went through a divorce. Your marriage is over. You have 2 children and those children have a mother and father who are now not living together, and they are going their separate ways. How do you help the children cope with the change in their life circumstances?  The answer is to cooperate and co-parent.

 

Co-Parenting After Divorce

Both parents should always work in their children’s best interests. It is important to put the children’s lives and best interests ahead of the parents. Children have daily routines, schedules, educational issues and a need for discipline. Both parents need to work together to help promote their children’s lives.  Even if the parents do not get along, they need to put their differences aside and put their children’s best interests in the forefront of their minds.  Parents divorce each other.  Children do not divorce their parents.

 

Successful Co-Parenting

Parents to successfully co-parent should communicate with each other on a regular basis regarding issues involving the children.  They should especially be consistent on addressing issues involving child rearing decisions.  They need to be flexible with each other and take into consideration each other’s work schedule to promote parenting time between the children and both parents.  There should be an accepted and established visitation schedule but the parents should maintain flexibility concerning the parenting time each parent has with the children.  The parents should be considerate of each other.

 

Supporting the Other Parent’s Relationship

Each of the parents should support the relationship the children have with the other parent.  This is true even if each of the parents have different parenting lifestyles.  Each of the parent should go out of their way to keep the other parent up to date with regard to the activities, sports, social situations and educational issues faced by the parties’ children.  Yes, the parents are divorced but No they should not allow their negative feelings about each other to burst onto the surface and impact how their children are being raised.

 

You and Your Ex Spouse

Sometimes parents feel the necessity of questioning their children about what they do when they spend time with the other parent.  This should be avoided.  Children should also not be made into messengers to convey information from one parent to the other parent.  In talking to your children should you find a disagreement with how certain matters are being handled by your ex-spouse, you should discretely listen to your children.  Thereafter, out of the Elliot Schlisselchildren’s purview discuss your issues and problems regarding your ex-spouses conduct, or parenting decisions.

 

Elliot S. Schlissel, Esq. is a family law attorney who has been practicing in the Metropolitan New York are for more than 4 decades.   He can be reached at. Elliot@sdnylaw.com or 800-344-6431.

Hiring the Right Divorce Attorney

Hiring the Right Divorce AttorneyObtaining a divorce involves making one’s way through the legal process.  The best way to navigate through the divorce process is to have the right divorce lawyer.

 

The Right Divorce Lawyer

Is your divorce simple or complicated?  Do you have children and custody issues related to the children?  Do you have significant assets or virtually no assets at all?  Your divorce attorney’s job is to provide you with legal representation geared to your personal situation.  So, before you start looking for a divorce lawyer analyze what the issues are involved in your case.

 

Be Goal Oriented

The goal in your divorce is to end your marriage.  Your divorce is not a process involving the punishment of your spouse for being a lousy human being.  Think with your head about divorce issues and not with your emotions.  Try to avoid making your divorce more litigious than necessary.

 

Seek to Obtain Your Goal

With a Minimum of Aggravation and Expense

The best way to minimize the cost of divorce litigation is to negotiate a settlement out of court.  Litigation involves the concept of hurry up and wait.  You have to appear in court by 9:30 in the morning.  When you get there you can find that your case is number 25 on the calendar and that the court is going to make you sit around and wait until they get to you.  Meanwhile you are paying your attorney between $350.00 and $500.00 an hour while they are sitting around waiting for the case to be called.  Meetings in attorneys’ offices to discuss amicable resolutions of divorce cases are far more efficient then litigating in a court room.

 

Meet with your Attorney

In the first meeting with your attorney you should focus on his or her experience.   Find out how long they have been practicing law, the number of cases they have been involved with, and the staff and other attorneys in the office that back them up.  An ideal attorney should have the legal know how and experience to resolve your case while working as an advocate to obtain your goals.  He or she should be able to communicate with you and opposing counsel and negotiate on your behalf.  It is a good idea for your attorney to know the Supreme Court and Family Court judges in your local area and how they look at and deal with various issues.

 

 

Communicate with Your Attorney

If you think your attorney is doing a good job during the handling of your case, let him or her know.  If they are doing bad job also let them know.  Divorce can be an emotional process as well as a process involving the distribution of assets, issues involving custody, child support and spousal maintenance.  It is important to choose the right attorney Elliot Schlisseland to maintain constant contact with him or her.

 

Elliot S. Schlissel, Esq. has been representing clients in divorce cases for more than four decades in the Metropolitan New York area.  He can be reached at Elliot@sdnylaw.com or 800-344-65431.

What Should a Parenting Plan Include

Parenting Plan

I’ve heard that good marriages are made in heaven and bad marriages are made on earth. Whether a marriage or a relationship is good or bad children should not be made to suffer when the relationship ends.

Children benefit from having relationships with both parents. However, there can be bumps in the road in working out details related to the parenting time each parent has with the children. The best way to deal with these issues is to have a detailed, well written reasonable parenting plan. The following are some issues that should be dealt with in a well written parenting plan:

Schedules

Parenting plans should include schedules for each parent. These schedules should deal with weekends and vacation periods including summer vacation, winter recess, Easter, Christmas vacation and Spring break. In addition, there should be a division of all school holidays. Both parents should have access to the children on their birthdays. The father should have the children on Father’s Day and the mother should have the children on Mother’s Day. The parenting plan should deal with who picks up the children and who drops the children off. If the parties are sharing their car seat, the parenting plan should deal with the car seat issue. If the parents do not get along and can’t pick the children up at their respective places of residence, a neutral location can be worked out as to where the children will be picked up and dropped off.

Parent/Child Communications

The parenting plan should deal with each parent’s ability to communicate with the children when the children are with the other parent. They should take into consideration the usage of cell phones, texting and e-mails.

At School, Athletic and Religious Functions

The parenting plan should deal with the religion of the children. It should designate with who will be responsible for religious education and the celebration of various religious functions involving the children. Children like to see their parents at their athletic events. Each parent should assist the other parent in being aware of significant functions such as school plays, school athletic functions and other school activities the children are involved in. It makes children happy to see their parents in the audience. The parents should also keep each other advised with regard to the children’s report cards, parent/teacher conferences and open school week issues. If the school maintains a website regarding the children’s activities both parents should be aware of this.

Decision Making

There are major decisions that affect children’s lives. These decisions deal with educational issues, social issues and health care issues. A specific framework in the parenting plan should be set up to deal with all of the potential problems with regard to these issues.

Elliot Schlissel

Conclusion

Whether good marriages are made in heaven and bad marriages are made on earth, when relationships break up the best way to avoid future problems is to have a parenting plan which deals with all the aforementioned issues involving the children.

Elliot S. Schlissel is an attorney with 40 years of experience in dealing with divorce and family law issues. He has offices in Nassau, Suffolk and Queens Counties, He can be reached at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.

Representing Yourself in Family Court: Usually a Bad Idea!

Representing Yourself in Family Court: Usually a Bad Idea!

Our law office has been representing men and women in the Family Courts in the Metropolitan New York area for 40 years. We have participated in scores of cases where our clients have initially tried to represent themselves. They usually retain our law office after they failed in their attempts to represent themselves in Family Court. They come to our law office to deal with their underlying problems in the Family Court proceedings they are faced with. Sometimes they have made their problems worse by trying to represent themselves.

Every person who goes into Family Court whether it is on a paternity proceeding, a relocation case, a child support matter, ACS or CPS case, a custody case, a visitation case or any other type of proceeding in the Family Court should be represented by competent experienced Family Court attorney.

I’m Smart Enough to Represent Myself!

An individual has every right to represent themselves in the courts in New York State. The issue is can they do a good job in representing themselves. If you plan on going into Family Court or Elliot Schlisseldivorce court and represent yourself ask yourself the following questions: How do I question myself when placed on the witness stand? How do I establish a foundation for introducing evidence into the record in court? What happens when in the middle of the hearing or trial, I realize I don’t know what I’m doing?

The best way to deal with any legal issue you are facing in Family Court is to hire an experienced Family Court attorney to provide you with their expertise and legal representation. Our office offers free consultations to our client. We are available for telephone consultation 7 days a week. We can be reached at our offices in Nassau, Suffolk and Queens Counties at 516-561-6645, 718-350-2808 and 631-319-8262. We can also be e-mailed at Elliot@sdnylaw.com.
516-561-6645, 718-350-2808 and 631-319-8262. We can also be e-mailed at Elliot@sdnylaw.com.

VIDEO: Domestic Violence & Sexual Abuse Allegations

Elliot Schlissel discusses domestic violence and sexual abuse allegations in today’s video.

Avoiding Parental Control

Girl Being Told Off By MotherThe mother alleged that her daughter had left her home in Arizona for the sole purpose of avoiding parental control of her actions. The mother further stated that her daughter refused to have any contact with her.

Judge Bennett disagreed with the mother’s argument. She felt that the mother had put her personal needs above the needs and responsibilities she had to her daughter. Judge Bennett stated in her decision that mom did not accept the responsibility for the problems that existed between her and her child. She felt that the child did not seek to escape from the mother’s rules but it was the mother who refused to fulfill her responsibilities to her child.

The child testified before Judge Bennett that she wanted to live with her mom. Judge Bennett felt that the mother had neglected her responsibilities to her child. She denied the mother’s application for constructive abandonment. Mom will still have the financial responsibility to support her child.

New York and Long Island Divorce Lawyers

The divorce and Family Court lawyers at the Law Offices of Schlissel DeCorpo have extensive experience in litigating, for more than three decades, divorce cases, Family Court cases, issues involving orders of protection, problems concerning Elliot Schlissel child custody, child abuse, and child neglect programs. We help our clients negotiate separation agreements. When the marriage is not long term we can have the marriage annulled.

We deal with issues involving father’s rights and mother’s rights. We draw up both pre-nuptial and post-nuptial agreements.

Should you have matrimonial or family law issue call us, we can help you. Our phone numbers are: 1-800-344-6431, 516-561-6645 and 718-350-2802. (General website – divorce)

VIDEO: Mother Secretly Relocates With Child

Attorney Elliot S. Schlissel discusses a case in which a mother secretly relocated to North Carolina with a child.

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