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Mother Allowed to Relocate With Child To Florida

custody and visitation attorneyA proceeding was brought by a mother, JL in Nassau County Supreme Court before Supreme Court Justice Jeffrey Goodstein regarding relocating with her child to Florida. She requested the father’s existing visitation schedule with their child be modified.

The Custody Agreement

The parties had entered into a custody agreement which provided the mother with both residential and legal custody. A hearing was held and the mother testified the father exercised only minimal visitation with the child, spending only sixteen hours a month with the child. In addition, she claimed the father was $100,000 behind in his child support payments.

The Judge’s Decision

Justice Goodstein granted the mother’s request to relocate to Florida. In his decision he noted the father only spent sixteen hours a month with the child and the father did not engage in overnight or midweek visits with the child. In his decision he stated that based on the evidence, the child’s education and child care issues could be resolved if the mother moved to Florida where she had a family support system. In the end Justice Goodstein found the relocation of the mother and the child to Florida would be in the child’s best interest. He went on further to rule the father was entitled to both telephone, Skype and facetime contact with the child. However, it would be his responsibility to initiate such contact. In addition, all of the child’s expenses to fly to and from New York to visit with the father would be the mother’s sole responsibility.family law attorney

Mother Entitled To Sole Legal Custody of The Parties’ Children

divorce attorney on Long IslandJudge Richard Meyer sitting in the Family Court of Essex County was referred a case for determination with regard to cross applications of both the mother and father to determine permanent custody of the parties’ children. Justice Meyer had ordered a forensic psychological evaluation of the family. He took this action to obtain information to assist him in deciding issues concerning custody. There had been a temporary order granting joint legal custody of the parties’ children and shared physical custody. Each of the parties had alternating parenting time under a schedule with the parties’ children.

The Mother’s Claims

The mother’s moving papers claimed she had been subjected to domestic violence by the her husband during the parties’ separation. In addition, she claimed the children had copied the father’s behavior towards the mother which was “disrespectful and insulting behaviors towards her.” Justice Meyer took into consideration the father had shown poor judgment and parenting skills. He found the mother was better able to maintain the children in a stable household. In addition he found, from past performance as a parent, the mother’s was superior to the father’s performance.

Parental Alienation

Judge Meyer, in his ruling, found the father had engaged in parental alienation of the children. He found the mother was the more fit parent to have custody of the children. Since neither of the parents communicated well with each other, joint custody was no longer a feasible solution in this case. He awarded the mother sole legal and physical custody of the children and established a visitation schedule for the father.

Conclusion

If you are a father and you want custody of your children you should behave!family law attorney on long island

Marriage Laws in Iraq

On today’s video blog we are discussing the Marriage Laws in Iraq:

Elliot S. Schlissel is a family law attorney with more than 35 years of experience. He can be reached for consultation at 516-561-6645, 718-350-2802, 1-800-344-6431 or by email to schlissel.law@att.net.

New York State Bar Association Proposes Creation of New Family Court Judgeships

family court attorney long islandThe New York State Bar Association has requested that Governor Andrew Cuomo allocate sufficient funds for twenty new Family Court judgeships in the State of New York. New York State Bar Association President David Schraver when discussing the need for Family Court judgeships stated, “sadly, children’s lives are put on hold while too few judges struggle with burgeoning caseloads.” He went on further to state, “a six month delay in resolving legal matters involving custody, foster care or adoption can put a vulnerable child at further risk, while also putting additional strain on child welfare and court systems.”

State Senate and Assembly Are in Agreement Over The Need For Family Court Judgeships

Both the State Senate and the Assembly in the State of New York are in agreement with the New York State Bar Association’s request that additional Family Court judgeships need to be created. There is an issue as to where the money will come from to pay for these twenty judgeships. It is estimated the new judgeships will cost around $20,000,000 per year. It is hoped these judgeships will be created so the new judges will take office on January 1, 2015. There are currently one hundred fifty three Family Court judges in New York State.

Conclusion

The Family Courts in the State of New York deal with bread and butter issues for many families. The State Bar Association’s request for the additional judgeships addresses a growing need for more judges to speed cases through these courts.

family court counselElliot S. Schlissel and his associates represent clients on divorces, custody cases, and child support matters throughout the Metropolitan New York area. The attorneys at the Law Offices of Schlissel DeCorpo have been representing New Yorkers in family related legal matters for more than 35 years.

ACS Not Required to Make Reasonable Efforts to Return Child to Mother

Judge Lillian Wan, sitting in Kings County Family Court, recently rendered a decision which eliminated the Administration for Children’s Services’ (ACS) obligation to take reasonable efforts to return a child to the custody of her mother. ACS brought a proceeding to eliminate the agency’s legal obligation to make reasonable efforts to return the child to the custody of the mother. In the lawsuit filed by ACS, they alleged the mother did not provide adequate guardianship and supervision of the child. They also provided documentation she had had prior neglect findings against her regarding the child’s brothers and sisters. In addition, mother’s parental rights were terminated with regard to her other children.

Child Had Been Neglected

ACS in their application to the court, alleged that the mother did not engage in and utilize services provided by ACS to reduce the risk to the child’s brothers and sisters. They alleged the child had been neglected and was in danger if left with the mother.

The court took notice the mother had been re-arrested in July 2013. She had been jailed as a result of her arrest. The court found the mother had acknowledged she did not have contact with the ACS case worker for months after her child’s birth. The mother also had not requested further services from ACS with regard to reestablishing her relationship with the child.

In the end, the court ruled the mother had failed to meet her burden of proof with regard to reestablishing her relationship with the child and the court granted the application by ACS to remove their responsibility from taking reasonable efforts to return the child to the mother.

About the Author

fighting against child neglectElliot S. Schlissel has represented men and women throughout the Metropolitan New York area charged with child abuse and child neglect by ACS, CPS and other child abuse agencies. Elliot has been successful in exonerating his clients in numerous cases involving false charges brought against them.

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

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