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.
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.
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 Offices of Schlissel DeCorpo 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 45 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.