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

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!

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.

Spouse’s Rights in Estates in New York

The laws in New York protect spouses in estate cases. New York has a very specific law to protect a spouse’s inheritance rights. The law in New York allows a spouse to have what is called an “elective share”. The elective share in the spouse’s estate is the greater of $50,000.00 or one-third (1/3rd) of the estate. This elective share takes into consideration assets such as joint bank accounts and other assets that are known as “testamentary substitutes.” A spouse who has not received their fair share of inherited assets from their spouse’s estate must take legal action to make a claim for their elective share in the estate proceeding.

Statute of Limitations for Seeking an Elective Share

A spouse’s right to claim the inheritance she is entitled to under his or her elective share must be initiated within six (6) months after an executor or an administrator has been appointed by the Surrogate’s Court but not later than two (2) years after the decedent’s death to deal with all of the issues involved in the estate.

Pre-Nuptial and Post-Nuptial Agreements

A pre-nuptial or post-nuptial agreement can place restrictions on a spouse’s rights to obtain an elective share. Sometimes when there is a pre-nuptial or post-nuptial agreementElliot Schlissel a spouse presumes he or she is not entitled to their elective share. If there is a pre-nuptial or post-nuptial agreement it should be evaluated carefully by an estate’s lawyer. There may be a ground to take legal action to set the pre-nuptial or post-nuptial agreement aside. If the agreement is set aside a spouse would still be entitled to their elective share.

Protecting Your Rights

Spouses as well as other beneficiaries to estates should make sure their rights are protected. Should it become necessary to take legal action to protect your rights, to see to it you receive the appropriate distribution in the Estate or to challenge some aspects of an estate proceeding, it is important that you retain a law firm with extensive experience in estate matters to represent you.

The law office of Schlissel DeCorpo LLP has more than 30 years of experience litigating a variety of estate issues. Our law firm administrates estates, protects beneficiaries, deals with issues of spousal rights of election and all other issues involving estate matters. Our firm has an extensive history of successfully recovering assets for our clients. Contact us to learn why we are the estate attorneys that can help you at 800-344-6431 or e-mail us at Elliot@sdny.com.

Parenting Plans & Co-ParentingParenting plans are often set up during the course of settlement agreements to deal with decision making, visitation and custody issues for children of the marriage. Parenting plans can help provide stability, minimize potential conflicts between the parents and create a consistent framework for parents to develop loving relationships with their children. Couples who utilize parenting plans and cooperate with each other regarding the terms of the parenting plan can usually avoid problems with the other parent when dealing with issues involving their children.

Co-Parenting

Co-parenting involves parents working together after their relationship has ended regarding issues involving their children. There are many keys to co-parenting. The parents should promote the children’s best interests and maintain consistency in their policy decisions. They should consult with each other regarding significant child rearing issues and be flexible with each other if their decisions don’t work out well.

Parenting Time

Elliot SchlisselParents should work out reasonable parenting time schedules and be flexible in modifying and changing these schedules to meet with the parents and their children’s needs. It is especially important that the parents cooperate with each other and support their children’s relationship with the other parent. The key to co-parenting is to maintain the children’s best interests as the priority and put the children’s needs above the parents’ needs.

The law office of Schlissel DeCorpo LLP for more than 4 decades has been representing parents in divorces, custody disputes, visitation and relocation proceedings. Our offices in Queens, Nassau and Suffolk counties offer free consultations to prospective clients. We can be reached at 800-344-6431 or e-mail Elliot Schlissel, Esq. at Elliot@sdnylaw.com.

Elliot discusses getting custody for Grandparents.

Sad boy sits alone

In cases where the children’s parents are not married legal custody of the children can only be granted by the Family Court in the State of New York. In situations where the children are living with the mother sometimes the mother thinks she has legal custody. Unfortunately, if the children visit with the father and he refuses to return the children the mother has no legal right to force the father to return the children to her. In many cases our law office has been involved in, the mother has called the police and said: “I have custody of the children.” The police will then ask the mother for a court order giving her custody. When the mother tells the police – well I don’t have a formal order but the children have always lived with me, the police will usually respond: unfortunately, unless you have a court order there is no action we can take to help you.

Paternity

Fathers who want custody of their children must prove paternity. Mothers have no difficulty or need to do this. They know who carried the child for 9 months. Unfortunately, today some mothers still believe since the mother carried the child, and gave birth to the child, she automatically becomes the residential custodial parent. This is simply not true.

Court Proceeding for Custody

Attorney Elliot Schlissel

Mothers who want to have custody of their children must bring a case in the Family Court seeking custody. A petition is filed in the Family Court and served upon the father. Thereafter the mother appears in court and provides evidence to the judge she has been taking care of the children and it is in the children’s best interest she be given legal custody of the children. It should be pointed out even if the mother retains custody of the children it is the custodial parent’s obligation to promote a relationship between the children and the non-residential custodial parent. Both parents who have children out of wedlock and married parents need to obtain a court order to obtain custody. Married parents can bring a divorce case in Supreme Court or a custody case in Family Court. Unmarried parents can only bring custody cases in Family Court.

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

Handcuffs and fingerprint sheet

If you are charged with a crime your freedom is at stake. You should hire an excellent criminal defense lawyer. However, who do you hire? The first thing you should look into before you hire a criminal defense lawyer is how long they have been practicing law? You should then ask the attorney about their familiarity with the courts in the county where your case is pending. How often do they appear in that court? How many cases have they handled? Delve into their level of experience. For your hard earned money you want the best attorney for your money!

Communication With Your Attorney

Once you hire your attorney, discuss with him or her how you would like to be communicated with. Do you want to talk on the phone? Should you be communicating through e-mail or text messaging? When is the best time to call your attorney? It should be noted that most busy criminal lawyers are in court representing their clients during the mornings. It is usually better to call criminal defense lawyers in the afternoon when they are back in their office.

The Attorney’s Office

When you enter your attorney’s office look around and see if he or she has staff. How many people are in the office? Are their phones monitored on a 24 hours basis 7 days a week? If your attorney is busy, are there other attorneys in the office who can help you?

Our Office

Our office has 5 full time attorneys who represent clients with regard to criminal cases throughout the Metropolitan New York area. We have a staff of 7 people backing our attorneys up. Our phones are monitored 24/7. Should you need a criminal attorney at any day on any time, you can call us. Our phone numbers are 516-561-6645, 718-350-2802 and 631-319-8262. Our phones are monitored 7 days a week/365 days a year!

Elliot Schlissel discusses crimes that could possibly prevent you from becoming a US citizen.

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