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Child-Abuse-in-Divorces

Divorces can be amicable or be a type of limited warfare between the parents. Sometimes the issue of who is going to be the residential custodial parent is a significant issue in a divorce case. It occasionally leads unscrupulous parents to create accusations of child abuse to further their desire to become the residential custodial parent of the children and have a negative impact on the other parent’s parental rights. One spouse can accuse the other spouse of abusing the children. It can be the result of anger or concern that the parent making the allegations will not be successful in obtaining custody of the children unless they resort to this underhanded, inappropriate strategy.

Parental Alienation

There is a method for one parent to demotivate a child from spending time with the other parent. The alienating parent to engages in a type of brainwashing called parental alienation. In this circumstance one parent convinces the child the other parent is abusing them. This is done during a litigated custody case. It is extremely important if this happens that an experienced child custody attorney be retained. Advocacy by this attorney can be used to point out to the court the lack of evidence of child abuse and how the allegations are specifically related to the ongoing custody case.

Orders of Protection

Temporary orders of protection are often granted to one spouse when they falsely accuse the other spouse of abusing the children. Aggressive legal action must be taken to demand a hearing with regard to these issues. These issues should not be allowed to linger. The longer the order of protection is in effect preventing one parent from having any interaction with the other parent or children, the more likely this will impact on the long term relationship between the parent whose kept away from the children.

schlissel-headshot

Elliot S. Schlissel, Esq. is an attorney who has dealt with child abuse and child neglect issues for more than 3 decades. He can be reached at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.

Happy Halloween! 2018

General-Website-Grandparents’-Rights-and-Custody-Issues

Grandparents who are raising their grandchildren face many practical, legal issues. Grandchildren who live with grandparents for periods of time are impacted on by a variety of the laws in the State of New York. Issues involving custody, visitation with the parents, who has custody of the grandchildren long term, where the grandchildren go to school, medical insurance for the grandchildren, child support issues between the parents and the grandparents are just some of the legal issues grandparents face. Is a grandparent authorized to make medical decisions for a grandchild?

Limitations Placed on Grandparents Raising Grandchildren

Grandparents who are raising their grandchildren do not necessarily have a legal right to make decisions involving a variety of issues concerning the health and general welfare of their grandchildren. For a grandparent to have legal authority over a grandchild the grandparent must obtain a court order. Physical custody is not the same as legal custody. If the children simply live with the grandparents they have what is commonly referred to as physical custody. However, the fact the grandchildren reside with the grandparents does not give them legal rights to make decisions regarding the grandchildren’s health care and school issues. Grandparents must bring a case in the Family Court to obtain temporary custody of their grandchildren. This will put them in a position where they can make decisions involving significant issues for their grandchildren. When a court grants a grandparent legal custody the grandparents then have legal authority to make decisions concerning the health and general welfare of the grandchildren.

Temporary Power of Attorney

In situations where the parents are cooperating, a temporary power of attorney can be given by the parent to the grandparents. This temporary power of attorney would give the grandparents temporary authority to make specifically delineated decisions on behalf of the grandchildren. The temporary power of attorney gives the grandparents specific legal rights that are clearly enunciated in the power of attorney. An example of these types of provisions may involve a grandchild travelling with a grandparent to another state or country and the grandparent is given authority during this trip to make medical decisions for their grandchildren. It should be noted the power of attorney can be revoked by the parents and has no impact on the legal rights of the parents to maintain custody of their children.

Adoption

Adoption is a permanent route for grandparents to exercise both parental rights and responsibilities over a grandchild. In essence, once the grandparents adopt the grandchild the grandparents now become the parents of the grandchild. Adoptions by a grandparent can be on consent of the parent or can be done in situations where the parents don’t consent but they have been found to be unfit, incapable or have deserted their children.

Elliot-Schlissel

Elliot S. Schlissel, Esq. has been working for grandparents’ rights with regard to issues concerning custody and visitation of their grandchildren for more than 3 decades. He can be reached at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.

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.

Obtaining 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.

Petition for bankruptcyThe filing of a Chapter 7 bankruptcy will usually eliminate all of a debtor’s credit card debt. In addition, it also eliminates other non-secured debts such as personal loans, debts to doctors, hospitals and other individuals and banks.

The Bankruptcy Case

The filing of a Chapter 7 bankruptcy requires the submission of a Bankruptcy Petition, statements of financial affairs and schedules with the bankruptcy court. These documents deal with the debtor’s assets and liabilities. In addition, the debtor usually has to file proof of filing of income tax returns. Bank statements and other invoices belonging to the debtor also will need to be filed.

Credit Counselling Course

A debtor seeking to file bankruptcy must take a pre-filing credit counselling course. This can be done either by telephone or on the internet. Once the debtor filed the Chapter 7 bankruptcy he or she will receive an automatic stay from the Federal Bankruptcy Court which stops all creditors from taking all legal action against the debtor. It can also stop wage garnishments and cause release of bank accounts that have been tied up.

The Creditors Meeting

If you file the Chapter 7 bankruptcy approximately 3 to 4 weeks after the filing you will have to attend a creditors meeting and give testimony before a Chapter 7 bankruptcy trustee. The trustee’s job is to analyze the debtor’s petition to determine whether the debtor has satisfied all the requirements with regard to filing the Chapter 7 bankruptcy. In most cases the Chapter 7 trustee finds there are no assets to be distributed to creditors.

Bankruptcy Exemptions

Under New York State Law there is a homestead exemption in certain areas of New York State protecting the client’s residence in the amount of $150,000.00 for each person owning and living in the residence. The individual filing the bankruptcy has the choice of either using the New York State bankruptcy exemptions or the federal exemptions. The federal exemption gives the homeowner a wild card exemption of $12,500.00 per debtor to be used to protecting any personal item or personal property belonging to the debtor.

Discharge

At the end of a Chapter 7 bankruptcy the debtor receives a discharge. The means all of the debtor’s debts are forgiven and the debtor is entitled to a fresh start to rebuild his or credit again.

Elliot Schlissel

Elliot S. Schlissel is the managing partner of Schlissel DeCorpo LLP. He has been involved with more than 1,000 bankruptcy cases. He can be reached at 800-344-6451 or e-mailed at: Elliot@sdnylaw.com for a free consultation.

Mortgage

If you utilized a mortgage broker when you obtained your mortgage he or she was supposed to set up a realistic plan with regard to obtaining the funds to purchase your home. The plan was supposed to be related to your income and in theory was supposed to be related to your financial ability to make mortgage payments. However, in some situations mortgage brokers didn’t do this. Predatory lending involves financial institutions making loans to potential homeowners who have no real potential of making the mortgage payments. The financial institution and the mortgage broker engage in this practice for the purpose of making a quick profit or quick commission.

Signs of Predatory Lending

If your mortgage payment involves a high percentage of your average monthly income such as more than 50% of your monthly income, you may have been subject to predatory lending. If as part of your mortgage scheme your lender was supposed to refinance you at some point in time and it didn’t happen, you may have been subject to predatory lending. If you purchased your home and shortly thereafter found out that it had been valued at a price much lower than you originally paid for it, you also may have been subject to having a defective mortgage.

Foreclosure Defense Attorneys

Should you be facing foreclosure counter lawsuits involving your financial institution can be brought as a response to the foreclosure lawsuit. Predatory lending involves unethical lending practices and financial institutions can be held liable for these actions. If you have been victimized by a situation involving predatory lending we strongly recommend you contact an experienced foreclosure defense law firm to help you deal with this problem.

Elliot Schlissel

Elliot S. Schlissel is a partner in the law firm of Schlissel DeCorpo LLP a well known foreclosure defense firm that has been representing homeowners throughout the Metropolitan New York area for more than 3 decades. He can be reached for a free consultation at Elliot@sdnylaw.com or at 800-344-6431. The firm maintains offices in Nassau, Suffolk and Queens Counties in the State of New York.

Ignoring a Foreclosure Action: This is usually a bad idea Some homeowners when facing foreclosure bury their heads in the sand. They find the issue of losing their home so depressing they simply wish to remove it from their minds and therefore they just ignore it. Eventually the homeowners will receive other documents from lawyers soliciting them to represent them in foreclosure or they will receive documents from the bank’s attorneys with regard to their moving ahead with the foreclosure process. The homeowner will receive a motion for summary judgment, and eventually they will receive notice their home is going to be sold. If this happens the homeowners should immediately contact an experienced foreclosure lawyer. However, if the homeowners don’t initially do this and somewhere in the process they wake up, it is generally not too late to stop the home from being sold in foreclosure.

Foreclosure Attorneys

Foreclosure attorneys can assist homeowners in raising defenses in the foreclosure lawsuit. These defenses involve the underwriting process involving the foreclosure, the standing of the financial institution to bring the lawsuit, issues involving predatory lending, violation of Truth in Lending Laws, the conduct of the financial institution who initiated the foreclosure and issues involving the mortgage itself. When these defenses are submitted they can potentially cause a foreclosure lawsuit to be eventually dismissed. They also delay the foreclosure lawsuit from moving forward and give the homeowner the leverage to negotiate a mortgage modification.

Homeowners Staying in their Homes

Elliot Schlissel When represented by an experienced foreclosure defense law firm the foreclosure litigation can end up being a long process. The specialized knowledge of a foreclosure defense lawyer can greatly increase the potential the homeowners will be able to continue to live in their homes.

Elliot S. Schlissel is a foreclosure defense lawyer representing homeowners throughout the Metropolitan New York area for more than 3 decades. He offers free consultations and can be reached at Elliot@sdnylaw.com or 800-344-6431. The law firm maintains offices in Nassau, Suffolk and Queens Counties.

Mortgage-and-Threatened-with-Foreclosure

Financial institutions generally do not move forward with foreclosure lawsuits until the homeowner is 3 months behind on their mortgage payments. So if you are only 1 or 2 months behind as long as you catch up and don’t fall the magic 3 months behind, generally speaking your financial institution will not put you into foreclosure. However, when you fall 3 months behind your financial institution can chose to reject all future mortgage payments and call in the entire balance of your mortgage. This is technically known as accelerating the mortgage. This means you no longer owe the monthly payments. You now owe the entire amount of your mortgage.

Options offered by Banks

Banks will initially send you a late notice. Thereafter they will send you letters involving potential options with regard to your mortgage. These options will include mortgage modifications, deeds in lieu of foreclosure, short sales and forbearance agreements. One of the mortgage modification options is the homeowner redoing the mortgage in a manner that the months you are behind are put at the end of your mortgage. Other options involve forgiving portions of your mortgage if you owe more than your home is worth. Another type of option is the bank redoing your mortgage and making it into a balloon mortgage. The balloon mortgage would reduce the amount of your monthly payments but have a large balloon payment down road.

Reasonable Income

One of the key factors banks look at when underwriting a mortgage modification is for you to be able to show the financial institution you are working and you have a reasonable income which will support a mortgage modification. One of the ways of maximizing your opportunity to obtain a mortgage modification is to retain an experienced foreclosure law firm that deals with submissions to financial institutions for mortgage modifications.

90 Day Notice of Foreclosure

Prior to your financial institution serving you with legal papers in a foreclosure lawsuit they will give you a 90 day notice. The 90 day notice of foreclosure will state the amount of money you owe on your mortgage as arrears and will give you an opportunity to pay all of the arrears to avoid foreclosure. Sometime after the 90 day period, if you do not pay all the arrears on your mortgage you will be served with a summons and complaint in a foreclosure lawsuit.

Chapter 13 Bankruptcy

If you cannot immediately bring your mortgage up to date another alternative is to file a Chapter 13 bankruptcy. This will stop the bank’s attorneys from suing you in a foreclosure lawsuit and give you 5 years to pay back the arrears owed related to the months you fell behind on your mortgage. While making those arrears payments to the bankruptcy trustee you will also have to make your monthly mortgage payments. Although bankruptcy may stop the house from going into foreclosure, it will usually cost you more on the monthly basis than you were previously paying for your mortgage payments.

Defending and Negotiating

Elliot Schlissel Experienced foreclosure attorneys usually both defend you from foreclosure lawsuits and simultaneously negotiate with the bank’s lawyers to help obtain homeowners mortgage modifications. The technique of fighting and negotiating at the same time it the best way to maximize the chances of the homeowners keeping their homes.

Elliot S. Schlissel is a partner in Schlissel DeCorpo LLP a law firm that defends foreclosure cases. He can be reached at 800-344-6431 or at Elliot@sdnylaw.com.

In this video Elliot talks about New York’s new criminal record sealing law.

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