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Father in Jail Trumps Custody Order. Mother can Leave the State.

father1-150x1502Last March, Judge Posner, sitting in the Family Court of Duchess County, ruled that a woman whose ex-husband had been in and out of jail since approximately 2003, and in addition had alcohol related problems, could leave the state with her nine-year-old son. She could take this action in spite of the fact that she had signed a custody order barring her from removing the child more than 25 miles from her residence without giving ninety days notice to the father.

Mother Wants to Move to North Carolina

The mother was a nurse. She wanted to relocate to North Carolina. She had a support system in North Carolina. Her parents were there. She felt moving to North Carolina would improve her financial condition and allow her to spend more time with her son.

She brought a proceeding before family court Judge Posner in Dutchess County. She claimed that she had an untenable financial situation. The father had not participated in raising the child or supporting the child since 2006. Judge Posner took into consideration the father’s long periods related to his incarceration. He also stated that he had failed to support his son or be involved in his son’s life. In her application, Mom advised the judge that relocating would allow her to work less hours and earn a similar salary, and spend more quality time with her son.

Relocation Issues

It was the father’s contention that the mother did not present sufficient evidence to support her position. Although the father didn’t deny his alcohol problems and incarceration had kept him away from his son, he expressed a desire to maintain a relationship with his son.

Best Interests of the Child

Judge Posner ruled that the mother had shown, by a preponderance of the evidence, that her relocation would be in the best interest of the child and therefore she was justified in modifying the custody agreement. The Judge also stated he was “confident” the mother, if permitted to move, “will take steps to encourage a meaningful relationship” between the father and his son.

The attorney for the mother was interviewed after the decision. She stated, “that this ruling stands for the proposition that having an addiction isn’t an excuse for failure to observe your parental obligations.”

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Long Island Fathers’ Rights Lawyers

Fathers have rights that need to be protected. Cases involving child abuse and child neglect are sometimes brought as a cover to obtain custody for the mother. Child Protective Services and Administration for Children’s Services problems can have an impact on a father obtaining custody or visitation with his child. Fathers who are paying child support and are downsized need representation to reduce their child support obligations. Children can be turned away from their fathers due to parental alienation syndrome caused by one parent alienating the child from the other parent by bad mouthing the other parent in the child’s presence. Issues involving paternity, child support and child visitation also acquire aggressive representation. Feel free to call our law office for a free consultation.

President Obama Focuses on Women’s Rights Issues

President Obama has recently spoken with regard to women’s rights issues. Women today are more likely to graduate from college than men. Statistics show that they still earn less money, on average, than men. Studies also show that the financial circumstances of women are generally not up to the same standards as that of men.

The President recently stated, “achieving equality and opportunity for women isn’t just important to me as president, it’s something I care about deeply as the father of two daughters who want to see his girls grow up in a world where there are no limits to what they can achieve.”

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Gender Discrimination

When President Obama was first elected, he signed legislation allowing women who have been discriminated against concerning salaries from their employers to have access to the courts for legal redress. When the United States Senate blocked action on a proposal to treat gender discrimination involving salaries in the same manner as racial, disability and age discrimination, President Obama indicated he was sadly disappointed.

The President said, “at a time when folks across the country are struggling to make ends meet – and many families are just trying to get by on one paycheck after a job loss – it’s a reminder that achieving equal pay for equal work isn’t just a woman’s issue, it’s a family issue.”

Paycheck Fairness Act

Republicans and various business groups oppose the Paycheck Fairness Act. They claim it would cause employers to face more litigation by removing limits concerning punitive damages and monetary damage awards.

Fathers’ Rights in the Family Court

In the Family Court in the state of New York, the laws are gender neutral. Both men and women are supposed to be treated equally. However, my experience is that sometimes there is an unequal treatment of men and women. Men are sometimes treated unfairly in the Family Court and in the Supreme Court concerning divorce related issues. Our law office has been protecting fathers’ rights for more than thirty years. We litigate issues involving Child Protective Services and Administration for Children’s Services problems. We deal with child abuse and child neglect proceedings, spousal maintenance issues, child support, paternity, child custodyvisitation with children, orders of protection and all other divorce and Family Court issues. We take fathers’ rights seriously! Call us for a free consultation.

Non-biological Gay Father Prevails Against Biological Father

same-150x150This is the story of a complicated, unique case decided by the Texas Court of Appeals. Two men first travel to Canada and thereafter to California for the purpose of creating a legal gay union. A surrogate was hired who bore a child for one of the gay men. A proceeding was brought in the State of California to establish both gay men as legal parents of the child. A lawsuit was brought in the State of Texas to dissolve the marriage. However, since Texas didn’t recognize the marriage, they couldn’t dissolve it. Texas courts will not acknowledge same sex marriages from other states.

California Parenting Judgment

In the State of California, the two men were considered legal parents of the child. They obtained from California a pre-birth declaration of parentage. This is pursuant to the Uniform Parentage Act, which is a valid statute in California. This is a legal device designed to allow gay couples to use a surrogate and have both men be designated as a parent of the child. This unusual statute created difficulties when the two men broke up.

Break-up for Gay Couple

Although break-ups between heterosexual couples can be complicated and nasty, the break up of two male parents of a child is both unusual and involves complex legal issues. In this case, the biological parent, after the break-up, claimed that the non-biological parent had no parental rights. The Texas Court of Appeals disagreed with the argument of the biological parent. They found that under the Uniform Parentage Act, both parents had equal rights similar to a heterosexual couple.

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Fathers’ Rights Attorneys In New York

The Law Offices of Schlissel DeCorpo has been defending fathers’ rights in matrimonial and family law cases for more than thirty years. We litigate issues such parental alienation, parental alienation syndrome, relocation problems, equitable distribution of assets in divorce, child abuse defenses and prosecutions by Child Protective Services (CPS) and Administration for Children’s Services (ACS) for child abuse.

In divorce cases, we assist our clients concerning child custody, child visitation, child support and spousal maintenance (alimony) issues. If our clients are charged with domestic violence, we litigate the orders of protection that are taken out against them by their spouses. When fathers have financial difficulties, we bring downward modification of support proceedings. We also litigate the issue of paternity on behalf of our clients.

Call us for a free consultation. Our office numbers are 1-800-344-6431, 516-561- 6645 and 718-350-2802. Our phones are monitored 24/7.

Orders of Protection

When one party to a relationship appears in the Family Court and requests an order of protection, there is a tendency for judges to grant these requests. The initial order of protection, given on an ex parte basis (without the other party having his or her day in court), is called a temporary order of protection. Unfortunately for the fathers, a large majority of temporary orders of protection are given to mothers. This can cause the father to be completely cut off from his family. This means he may not communicate, see, or visit with his children. This can also result in the father being immediately thrown out of his home or apartment. To obtain his clothing and personal possessions, he needs a police escort and he can only take on that occasion what he can carry with him. Imagine, one day, being part of a warm and loving family and, the next day, being on the street with no communication with your wife or your children. What’s more is that you cannot return to your home. Although there are many valid situations for granting an order or protection, my experience is that if a woman comes into court and sheds a few tears and claims she’s afraid of her husband, most family court judges will grant an order of protection. Often no hearing of any type is held. A woman makes a series of general allegations, she receives a temporary order of protection and the father’s world is rocked!

Orders of Protection Affecting Children

Children have two parents, a father and a mother. They want to love both of their parents. In cases where they have relationships with both parents and one parent is abruptly removed from their life, it causes the children to be confused and upset.

Sometimes after the father is removed from the home the mother engages in parental alienation syndrome (bad-mouthing of the father to the children). When one parent bad mouths the other to the children and that parent is out of the children’s lives, the children are subject to what is referred to as parental alienation syndrome. This causes the loss of respect, love, admiration and feelings for the other parent. It turns the children against the other parent.

Family Court Judges

Family Court Judges are placed in a difficult positions. When they are unsure as to whether a woman truly needs an order of protection, they generally err on the side of caution and grant a temporary order of protection. Men should receive a hearing within a short period of time upon being thrown out of their homes. Unfortunately, due to the large number of cases pending before the Family Courts, the quick hearing doesn’t take place for many months. The man is removed from his home and then returns months later when it’s found out there was no real basis for the order of protection. This has an extremely negative effect on the man’s life. Men need to be protected in these situations!

New York Fathers’ Rights Attorneys

We are the fathers’ rights lawyers at the Law Offices of Schlissel DeCorpo. We have represented fathers in all types of litigation, before the Family Court and Supreme Court, for well over thirty years. We represent fathers in divorce proceedings. We litigate child support issues, child custody matters, spousal maintenance issues and downward modifications of child support proceedings.

We represent fathers in relocation proceedings, child abuse and child neglect proceedings. We negociate separation agreements on behalf of our clients. We defend fathers when there are allegations of child abuse and child neglect by either Administration for Children’s Services (ACS) or Child Protective Services (CPS). We also assist fathers in high net worth cases and with regard to the equitable distribution of assets in divorces. Feel free to call us for a free consultation a 1-800-344-6431, 516- 561-6645 and 718-350-2802.

Father of Six Seeks Downward Modification of Child Support

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In the matter of “Demetrius D. v. Loti T.”, reported in the New York Law Journal on January 27, 2011, a father sought a downward modification of his child support obligations. The lawsuit was brought in Clinton County, New York, before Family Court Judge Lawliss.

The father in this case was ordered to pay child support for his son, Isiah. At the time of the proceeding, the court was aware that the father was paying child support for three other children. Demetrius was a very active fellow! After the proceeding, in which Judge Lawliss ordered Demetrius to pay child support for Isiah, he was then forced to pay child support for another daughter and subsequently thereafter for another after born son.

Demetrius’s life was a mess! I assume he was not familiar with the concept of birth control.

Downward Modification Proceeding of Child Support for Isiah

Demetrius petitioned Judge Lawliss. He claimed that he had changed jobs and had received a reduction in his wages. He asked the court to reduce his child support obligations regarding his son Isiah.

There had been a ruling by a support magistrate. The support magistrate found that Demetrius voluntarily changed jobs and that the new job paid him less than the prior job. She found that Demetrius voluntarily engaged in sexual acts leading to his having an additional son and he was aware of the financial consequences of having more children. The support magistrate denied Demetrius application. Demetrius appealed this decision to Judge Lawliss in the Family Court of Clinton County.

Judge Lawliss ruled that Demetrius did not successfully prove he was entitled to a downward modification of child support. Judge Lawliss’s written opinion states that Demetrius did not show that the reduction in his wages was cause by actions other than his own decision to change jobs. Therefore, Demetrius’s objections to the support magistrate’s denial of his reduction of child support were without merit and Demetrius lost the case.

New York Fathers’ Rights

If you are a father and find yourself engaged in divorce proceedings or Family Court proceedings, we are the law firm to level the playing field. The law in New York is gender neutral concerning the rights and privileges of fathers and mothers. However, the reality of the practical application of this law in many courts is that fathers get the short end of the stick. Our job is to level this playing field.

We represent fathers concerning orders of protection, child custody, visitation with children, child support, spousal maintenance (alimony), as well as child abuse and child neglect proceedings brought on by Child Protective Services (CPS) and Administration for Children’s Services (ACS).

We also represent fathers regarding parental alienation issues. This is caused by one parent taking inappropriate action to create a negative relationship between the child or children and the other parent. Call us at 1-800-344-6431, 516-561-6645 or 718-350- 2802 for a free consultation.

Murder for Hire – Not a Good Way to End a Marriage

Susan Williams of Garden City, New York, was recently sentenced by Nassau County judge Norman St. George to serve 8 to 25 years in prison for hiring a hit man to murder her husband.

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Divorce by Murder

Judge St. George stated, “She wanted a divorce by murder.” He further stated upon sentencing that “The court will show the same leniency to the defendant that she afforded to her husband.”

Susan Williams hired a hit man to kill her husband, Peter Williams. She was having marital difficulties with her husband. Instead of getting a divorce, she decided to murder him and collect his life insurance.

Unfortunately for Susan Williams, the man she hired and gave a five-hundred dollar deposit on a twenty thousand dollar murder-for-hire arrangement was an undercover police officer. This was her way of short cutting the divorce process.

One Million Dollar Life Insurance Policy

Ms. Williams had forged her husband’s signature to a one million dollar life insurance policy in 2009. At the time of her sentencing, her children begged the court for mercy for their mother. On a surveillance video tape, Ms. Susan Williams passed on several chances to let her husband live. She stated on the video tape, “I would do it myself if I could.” The Nassau County District Attorney Kathleen Rice said Williams should have thought about her children when she planned to murder their father. Kathleen Rice stated, “She knew what she was doing was going to destroy their lives, and she did it anyway.” Kathleen Rice further stated, after Williams was sentenced, “The tears she’s crying now are for herself.”

New York Divorce Attorneys

rights-150x150A divorce in New York is not so difficult to accomplish. For more than thirty-three years, our law office has been assisting our clients in obtaining divorces. We represent our clients and help them obtain spousal maintenance (alimony) and child support for their children. We help fathers and mothers in issues involving child custody and visitation. We litigate fathers’ rights issues involving orders of protection concerning Child Protective Services (CPS) and the Administration for Children’s Services (ACS). We are available to represent our clients concerning issues involving paternity and child abuse. Should you have questions, feel free to contact us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

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