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Problems Men Face in Family Courts

mensrights-150x150Have men’s rights in Family Courts become a civil rights matter? Do men need to band together to protect their rights that are being abused in Family Courts? Is there an inherent bias against men in the Family Courts? Do Family Courts make presumptions that have a negative effect on men’s rights?

Women as Nurturers

Prior to 1989, there was a presumption, in the courts of New York, that women would receive custody and men would support their families. In 1989, a gender neutral statute eliminated the statutory bias in favor of women in custody cases. The statutory bias was based on the assumption that women were the primary nurturers of young children and, therefore, they should have custody of their children. Since 1989, men and

women have had equal rights regarding custody of their children. So why have men not faired well in the Family Courts?

Primary Care Givers

Arguments are made on a regular basis that women are the primary care givers of their children and they should therefore have custody. If a court hears this argument over a long period of time, does the judge develop a bias against men who seek custody of their children? What can men do if they want to obtain custody of their children? To start, they must be dedicated, nurturing, loving parents. They must participate in their children’s lives. They must go to school events, participate in athletic events and take their children to the doctors. They must make time for their children. In the event of a divorce or Family Court situation, they must retain aggressive, experienced, dedicated attorneys. They must be prepared to expend the time, money and effort to go through protracted custody litigation in order to obtain custody of their children. Too often men talk the talk, but they don’t walk the walk!

Fathers’ Rights

Fathers who come to our law office often claim that they are treated like second class citizens in the Family Court regarding child custody, visitation, child support, spousal maintenance (alimony), orders of protection and issues involving child abuse and child neglect. They also relate to us that in divorce proceedings in the Supreme Court they are not treated fairly.

Our law office represents fathers with regard to all types of proceedings in the Family Court and the Supreme Court. We aggressively protect fathers’ rights. We deal with difficult issues, such as downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome. For more than 33 years, we have been recognized as one of the premier fathers’ rights law firms in the Metropolitan New York area. If you have matrimonial or family problems, we can help you. Call for a consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Is Marriage Obsolete?

More than 40% of the people in this country think marriage is obsolete! This is according to research study. People between the ages of 18 and 30 believe maintaining excellent parenting skills is far more important than being married. So, are marriages becoming obsolete? There are many issues that face couples who marry. One of them deals with unmet expectations.

Should Marriage Make You Happy?

Can your marital partner satisfy all your needs, emotional, psychological and sexual? It is difficult to meet expectations in marriages. Many men and women find after they are married they the end up with a low conflict and a low passion relationship. First there’s love intertwined with passion. Then there’s boredom, annoyances and the uncovering of flaws in your spouse. No passion sometimes leads to the parties in marriages having affairs.

Boredom

“Been there, done that” is a popular expression. When you spend a life with another individual, “been there, done that”, can be the order of the day. Kristen and Mark of the Kinsey Institute for Sex, Gender and Reproduction found that a quarter of all people who were interviewed were bored with their monogamous relationship. Another a quarter stated “they were on the brink of boredom”. Women tend to feel lonely when the love in their marriage fades. Men tend to feel “trapped”. Are marriages becoming obsolete because expectations are too high or is divorce simply becoming much easier to obtain?

No Fault Divorce In New York

In 2011, New York became the 50th and final state to adopt a true no fault divorce law. Prior to 2011, the grounds for divorce in New York were adultery, cruel and inhuman treatment, abandonment for a period in excess of one year and living separate and apart pursuant to written agreement of separation. New York now recognizes the grounds for divorce where the parties have irreconcilable differences for a period of six months. This is a true no fault divorce statute.

Although divorce grounds are no longer relevant, should your marriage fail, you will face issues involving child custody, visitation, division of property and child support. To avoid these issues should your marriage fail down the road, it would be in your interest to enter into a prenuptial agreement prior to marriage or a post nuptial agreement after your marriage.

Should you have questions regarding legal issues concerning marriage and divorce, feel free to call the Law Offices of Schlissel DeCorpo at 516-561-6645, 718-350-2802 or 1-800- 344-6431.

‘Genius’ Not Taken Into Account in Equitable Distribution

divorce-150x150Judge Dregger, sitting in Manhattan Supreme Court, denied a very successful private equity firm executive from presenting evidence in a divorce case that he had “unique personality traits” prior to the marriage that allowed him to accumulate 450 million dollars in business assets during the thirty year term of his marriage. Justice Dregger, in her decision, stated that “in purporting to prove that the success of the business is solely attributable to his innate genius, the expert opinion evidence offered by the husband provides no assistance to the finder of fact in fashioning an equitable distribution of the estate based on the contributions of each party to the marital partnership.” Mr. and Mrs. Silverman were married for more than thirty years prior to a divorce lawsuit being brought. They had married in January of 1978.

Innate Talents

Mr. Silverman claimed that he had unique innate talents that allowed him to be successful in this business. Mr. Silverman argued that his talents in business should be considered in determining equitable distribution. Justice Dregger stated that intangible assets may be considered as marital property, referring to the enhanced earning capacity of an investment banker, someone with celebrity status or someone involved in a political career. However, she stated the question is “to what degree the spouse not possessed of the intangible asset was entitled to a distributive aware arising from the enhanced earning capacity of the career developed during the marriage and not the degree of fame, skill or political acumen possessed at the time of the marriage.”

Henry Silverman is out of luck. The 450 million dollars he amassed is subject to equitable distribution with his wife. I’m sure he’ll end up with enough money to prevent himself from starving.

New York and Long Island Divorce Lawyer

The Law Offices of Schlissel DeCorpo have been handling divorces in the Metropolitan New York area for over thirty-three years. We litigate all aspects of divorce related proceedings in the Supreme Court and Family Court. These proceedings involve divorce grounds, no fault divorce, child custody, mothers’ rights, fathers’ rights, child support, downward modification of child support, spousal maintenance (alimony) and domestic violence issues. In addition, we negotiate separation agreements, prenuptial agreementsand post-nuptial agreements for our clients. We litigate equitable distribution issues involving doctor, dentist and lawyer licenses. Call us for a free consultation.

Joint Custody Modified, Father Given Temporary Custody of Both Children

father-150x150Justice Connelly, sitting in the Supreme Court of Westchester County, modified a joint custody order and gave the father sole temporary custody of both of his children. The parties had entered into a stipulation of settlement wherein each of them would have joint custody. The children would reside with the mother and the father would have regular parenting time with the children.

Prior to a judgment of divorce being entered, the children were removed from the mother’s residence. There was an incident which alleged that she was using physical force against the older child. Criminal charges were pending against the mother.

The children were temporarily placed in the father’s custody during the pendency of the criminal allegations against the mother. The mother asked the court to award her sole physical and legal custody of the parties youngest child and joint custody of the parties other child. The mother argued that this was in conformity with the recommendation of a court appointed forensic evaluator. Judge Connelly rejected the forensic evaluator’s suggestions. He found that splitting the children up could cause more potential trauma and harm. The court refused to transfer the temporary custody of the younger child to the mother. She awarded the father, based on the children’s best interest, temporary custody of both children.

Fathers’ Rights Lawyers

We represent fathers! We have been doing this for more than thirty years. We litigate all aspects of divorce, including child custodyvisitationchild support, spousal maintenance (alimony) and equitable distribution of property. We also represent fathers with regard to proceedings in family court. We litigate issues involving paternity, downward modifications of child supportrelocation problemsparental alienation cases and issues involving parental alienation syndrome. We also negotiate separation agreements for our clients. Feel free to call us for a free consultation.

Hiring the Right Divorce Lawyer

divorce-150x1501

Divorces are very personal legal proceedings. You need a divorce lawyer who you have faith in, who is reliable and who you can trust. How do you decide that you have the right lawyer to represent you? Here are some suggestions:

1) Is your attorney familiar with the local court practices and procedures? Things are handled differently in different jurisdictions. The courts in New York City and Long Island differ on how they handle some aspects of matrimonial and family law issues. Is your attorney aware of these practices?

2) How do you feel about your lawyer? You should trust your instincts when you hire a lawyer. Are you comfortable with him or her? Is he or she dealing with your issues in a manner that makes you feel secure?

3) Does your attorney return your calls. Litigating divorce and family court issues can be aggravating and nerve racking. When you call your attorney, does he or she return your calls within 24 hours? Are your lawyers paying attention to your case?

Is Your Attorney Compassionate?

The law and the courts are cold. You may not always obtain the result you desire. Your lawyer should have compassion for your personal circumstances. You should be treated as a person with personal problems, not as a case file!

Professionalism and Interaction with Courts and other Attorneys

Your attorney should act in a professional, competent manner. He or she should do his or her best to deal with judges and opposing counsel. Sometimes antagonistic and difficult situations arise and your attorney must be very aggressive. Aggressive litigating may be necessary to get your point across. There are other times your attorney should be taking a negotiating posture to try and obtain the best possible result for you.

New York and Long Island Fathers’ Rights Lawyers

We represent fathers! We have been doing this for more than thirty years. We litigate all aspects of divorce, including child custody, visitation, child support, spousal maintenance (alimony)and equitable distribution of property. We also represent fathers with regard to proceedings in family court. We litigate issues involving paternity, downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome. We also negotiate separation agreements for our clients. Feel free to call us for a free consultation.

Jobs, Money and Marriage

layoff-150x150As the economy falls back into recession, monetary issues will become more significant to American families. Men and women will argue even more about financial issues.

Losing Your Job

When the primary bread winner loses his or her job, it creates an enormous amount of stress. The job market impacts on all aspects of family life. It becomes an issue for couples who are married or who are thinking of getting married. Can you imagine the impact the word “unemployed” has on your Facebook site! Putting this on a dating profile basically eliminates all your opportunities for social interaction. Dating and marriage relate to economic unions. No job, no deal!

Washed Up

Men in their forties and fifties who lose their jobs and are divorced will find it very difficult to get remarried. While unemployed, these men must live off their savings, if they have any. A recent Newsday article stated that men in their forties and fifties who lose their jobs have the same odds of returning to their peak earning potential as they do of their hair growing back!

Financial Distress

Recent surveys indicate that women are three times more likely to feel financial stress during periods of unemployment. Surveys women have greater guilt and concern about being unable to support their children than men.

The Economics of Divorce

The economics of marriage are difficult. The economics of divorce are even more complicated. When a marriage breaks up and both parties have to maintain their own household, both the man and the woman end up poorer. Some studies have indicated that it can take a divorced woman who has custody of her children up to five years to regain her pre-divorce standard of living.

Protecting Fathers’ Rights

The fathers’ rights lawyers at the Law Offices of Schlissel DeCorpo have been representing fathers in matrimonial and family law proceedings for more than 33 years. Our law office aggressively represents fathers!  We litigate all aspects of divorce, including child custodyvisitationchild support, spousal maintenance (alimony)and equitable distribution of property. We also represent fathers with regard to proceedings in family court. We litigate issues involving paternity, downward modifications of child supportrelocation problems,parental alienation cases and issues involving parental alienation syndrome. We also negotiate separation agreements for our clients. Feel free to call us for a free consultation.

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