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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.

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.

Parental Alienation of Children

divorce attorneysParental alienation of children is now recognized by the Courts in New York to be detrimental to the best interest of children. When one parent alienates the children from another parent he or she is simply hurting the children. Each child has two parents and each of the parents adds to the quality of the human being the child will become.

Parental alienation syndrome involves one parent, through subtle and not so subtle means, encouraging denigration, bad feelings, a lack of love and a sense of animosity to the other parent. When one parent motivates the children in this negative manner regarding the other parent, the children become “alienated” from the other parent.

Parental Alienation And Changing Custody

In some cases, the Courts in New York have removed the children from the home of the parent who caused the children to be alienated from the other parent and given custody to the other parent. In these cases, the Courts in New York have found it in the children’s best interest to have custody changed.

It is the obligation of the residential custodial parent to foster visitation of the children with the nonresidential custodial parent. Visitation, which is now referred to as parenting time, is important for the development of the relationship with the children and the nonresidential parent.

In the case of In re Jeffrey Doroski v. Nancy Ashton, the Appellate division (an appeals court), in its decision, stated “parental alienation of a child from the other parent is in fact so inconsistent with the best interest of the children as too, per say, raise a strong probability that the [offending party] is unfit to act as a custodial parent.”

Action To Be Taken To Avoid Parental Alienation

The first thing a parent should do when presented with the situation of parental alienation is to speak to the other parent who was alienating the children. Try to educate the other parent that he or she is simply hurting the children by taking this action. Discuss family counseling with the other parent to deal with this situation.

child advocacy and assistance for parentsIf the alienating parent continues with his or her destructive behavior regarding the children, immediate legal action is necessary. It is important to nip parental alienation syndrome in the bud. The longer the alienating party has to turn the children against the other parent, the more difficult it is to undo this negative conditioning. Issues concerning parental alienation in the State of New York are handled either in the Supreme Court or in the Family Court.

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