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A Father’s Rights Protected

Judge John J. Kelly, sitting in the Family Court of Suffolk County, recently rendered a decision in a custody case that the children’s best interest required that they be returned to the custody of their father. The case presented to him was a permanency hearing brought by the Department of Social Services. The Social Services Department had recommended that the children be returned to their father.

The children had been removed from the mother’s home. The children’s temporary guardians were actively involved in a private placement adoption. The children’s mother had died. Before her death, she had promised the guardians that they could adopt her children.

Father Never Notified

According to the decision, the court found that the father did not make these promises too. The promise to have the children put up for adoption by the guardians was solely made by the mother. The court found the father to be a fit parent. He complied with the court’s request to attend mandatory court programs. He had presented ample evidence to the court that he would provide a safe environment for the children to live in. He also encouraged the relationship with the children and their siblings who are in their maternal grandmother’s custody. The court also found that he had recently had a relationship with the children and that there was no abandonment by the father of his children. It was in the children’s best interest that their father be given full custody of them. A father’s rights had prevailed!

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Experienced Fathers’ Rights Lawyers

We represent fathers regarding divorce proceedings, orders of protection, child custody, child visitation issues, child support issues, spousal maintenance issues, alimony, child abuse and child neglect proceedings as well as child abuse defense. We also have extensive experience in dealing with paternity issues, child support, no fault divorces and equitable distribution of assets. Call for a free consultation at 516-561-6645, 1-800-344-6431 or 718-350-2802.

New York No-fault Divorce Law is a Big Hit!

divorcering-150x150On October 12, 2010, New York became the 50th state to embrace no-fault divorce.  The new ground for divorce in New York is that there has been an irreparable breakdown in the marriage for a period six months.Husbands and wives have been eagerly going to lawyers offices to take advantage of the new no-fault divorce law.  Individuals who, in the past, did not have an appropriate ground to obtain a divorce no longer have to be concerned about this issue.

Although fault is no longer a significant matter in the state of New York, financial issues such as child support, spousal maintenance and issues involving custody, visitation and equitable distribution of property must be dealt with in a divorce.

The First Change in Grounds for Divorce since 1966

From 1787 until 1966, the sole ground for divorce in the state of New York was adultery.  In 1966, the grounds of abandonment, cruel and inhuman treatment and living separate and apart under a written separation agreement were also added to the New York divorce law.

Spousal Maintenance

Simultaneously with the new law going into effect, New York also has new standardized criteria for the payment of temporary spousal maintenance.  This new spousal maintenance law has been severely criticized by divorce lawyers as putting an unreasonable financial burden on the spouse with the greater income.

The point of the no-fault law is to avoid the necessity of grounds trials that sometimes put litigants’ dirty laundry before the court.  The new law also requires the state Law Revision Committee to study the effectiveness of the new spousal maintenance law to determine if the court should take into consideration financial factors that might unfairly create a disadvantage for the non-monied spouse.

Law Offices of Schlissel DeCorpo

For more than thirty years, our law office has been handling all aspects of matrimonial and family law.  We represent individuals regarding divorces, orders of protection, child custody and child visitation matters.  We litigate matters involving child support and spousal maintenance, as well as support modification proceedings.

Should you find yourself needing legal help regarding a divorce or Family Court proceeding, call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Why Have an Irrevocable Trust?

living-trusts-typesWills, revocable trusts, and irrevocable trusts are all estate planning devices. Revocable trusts are a type of trust that can be changed, modified, or revoked at anytime. This type of trust allows you to change your mind with regard to all aspects of the terms of the trust. These trusts are very flexible.

Uses of a revocable trust:

1. Revocable living trusts avoid probate. The assets in the trust at the time of the death of the individual who made the trust pass directly to the beneficiary. The trust does not have to be probated.

2. It is private document. Wills need to be probated. This opens up the terms of the will to review by a court. Once the will is filed with the courts it becomes a public document and other individuals can obtain copies of the will. An example is Jacqueline Kennedy Onassis’s will in Manhattan. So many people wanted to see it that it was displayed to the public mounted it under plexiglass. The details of your assets and the individuals who receive your assets remain a private matter.

3. It establishes a plan that deals with mental disabilities such as Alzheimer’s disease and other mental illnesses that effect seniors. When you place assets in a revocable trust and the person who created the trust becomes disabled, the trustee or alternate trustee supervises the trust and distribution of the assets therein. If you do not have this type of trust or a power of attorney, it becomes necessary for your loved ones or next of kin to bring a guardianship proceeding under article 81 of the New York Mental Hygiene Law to appoint a guardian for you.

Should you have questions regarding revocable trusts contact the trust attorneys at the Law Offices of Schlissel DeCorpo at 1-800-344-6431 or by email.

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