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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.

Father Not a Danger to His Children

James C. was convicted in 2007 of patronizing under age prostitutes. As a result of this conviction, a Dutchess County Social Worker and Family Court Judge had him removed from his home in Poughkipsee for a period of three years.

James, he spent a year in jail. After spending a year in jail he plead guilty in New York County to second degree rape of a 14 year old. He also pleaded guilty to patronizing a seventeen year old prostitute.  The Appellate Division (an Appeals Court) reversed the Family Court ruling in 2010 that prevented him from seeing his children. By that time his wife and four children had moved to Canada.

New York Court of Appeals

James C. told New York’s highest court that he did not present a danger to his children. He argued that the County Officials were mistaken when they reached a conclusion that allowing him to return home from jail would constitute child neglect by him and his wife.

James is currently waiting for a decision from the Court of Appeals as to whether he can see his children.

Fathers’ Rights Attorneys in New York

The Law Offices of Schlissel DeCorpo have been protecting father’s rights for more than thirty years. We litigate divorce proceedings, orders of protection, child abuse and child neglect cases, ACS and CPS child abuse allegations and we actively litigate all types of child abuse defense work.

We also represent our clients in no-fault divorces, regarding paternity issues, child custody, child visitation, child support and spousal maintenance (alimony) issues. Feel free to 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.

Update on No Fault Divorce in New York

New York modernized its divorce law in November of 2010. This was the first change in New York’s divorce law since the 1960s.

To obtain a divorce in New York, pursuant to Domestic Relations Law §170, “an action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the following grounds…the relationship between the husband and the wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath.”

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Justice Muller in Essex County

Justice Robert J. Muller, sitting in the Supreme Court located in Essex County, New York, in the matter of Stroffolino v. Stroffolino, ruled that a party denying irreconcilable differences is entitled to a trial on this issue. This is the second judge in New York to order a trial on the issue of irreconcilable differences in New York. The issue before the court is whether a trial on the fault ground in these divorce cases violates the legislature’s intent to create a no fault divorce ground that avoids litigation.

In the case before Justice Muller in Essex County, Judith A. Strack asked the court for a no fault divorce, claiming her marriage had irretrievably broken down. She alleged that she and her husband lived apart during the week and they had separate interests. She also claimed they had separate friends, hobbies, acquaintances and had developed separate lifestyles. Unfortunately, Mr. Strack said his wife’s allegations were untrue.

Justice Muller, in a decision regarding the no fault divorce statute, concluded that the issue of irreconcilable differences was a triable issue. This brings into question whether New York’s new no-fault divorce ground will accomplish its goal of eliminating trials on the issue of fault in divorce.

divorce-150x119Fathers’ Rights Attorneys in New York

The Law Offices of Schlissel DeCorpo have been representing fathers regarding all aspects of fathers’ rights matters since the early 1980s. We litigate divorce cases. We have extensive practical experience in dealing with custody issues, child support, orders of protection, visitation issues, child abuse, child neglect and the equitable distribution of property in divorces.

In matrimonial cases, where the parties are reasonable and can discuss resolution, we assist our clients in negotiation of separation agreements and settlement agreements. When fathers are downsized or lose their jobs, we bring child support modification proceedings. Feel free to contact us at 1-800-344-6431; 516-561-6645 or 718-350-2802.

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