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Nassau County Judge Blocks Marriage

Jennifer Burger wanted to marry Mr. Diack. Michael Diack is a convicted level one sex offender. Jennifer brought a proceeding before Judge Maron, who sits in the Supreme Court located in Nassau County, New York. She asked the court to set aside a January 2009 stipulation contained in her divorce judgment from her previous husband Robert Burger. She sought to set aside this stipulation so she could marry Michael Diack. The stipulation, which she had executed, required three adults be present any time Mr. Diack was around the Burger’s children, currently 8 and 13 years of age.

Judge Refuses to Set Aside Stipulation

When Judge Maron refused to set aside this stipulation, he effectively blocked her from ever marrying Mr. Diack. She couldn’t marry Mr. Diack because she could not live with him in the same residence as her children pursuant to the stipulation.

The Judge’s decision stated there was no change in circumstances that would justify his setting aside this agreement. Jennifer’s attorney, stated “this woman should not have to choose between the man she loves and wishes to marry and being the custodial parent for her children, when her fiance poses no risk of harm to the children.”

Jennifer’s fiance has pled guilty in 2001 to possession of child pornography in the third degree and for grand larceny for writing bad checks. He was given a sentence of two to four years in prison and labeled a level one sex offender.

Father Seeks to Protect His Children

The children’s father, Mr. Burger opposed the vacating the stipulation, claiming Mr. Diack would be a danger to his children. Mr. Burger’s attorney claimed his client’s opposition to setting aside the stipulation was driven by a “a legitimate concern” for his children.

Father’s Rights Lawyer

Fathers have rights that need to be protected. In situations involving divorces orders of protection, child custody, child visitation, child abuse and child neglect proceedings, fathers need aggressive, experienced advocates. Fathers dealing with issues concerning paternity, annulments, equitable distribution of assets in a divorce, relocation problems and parental alienation problems should seek out the very best lawyers available to represent them. The Law Offices of Schlissel DeCorpo is a recognized father’s rights law firm. We have litigated numerous matters on behalf of fathers throughout the Metropolitan New York area for more than 30 years. We are well known and respected in the courts and by our adversaries. Call us should you have an issue you wish to discuss.

New No Fault Divorce Law Eliminates the Need for a Trial

divorcepic1-114x150Supreme Court Justice, Robert J. Muller, has decided that under the new New York No Fault Divorce Law an objecting party is not entitled to a trial on the issue of fault the marriage is beyond repair. Justice Muller’s decision is an interpretation of New York’s year old No Fault Divorce Law. The Judge’s decision interprets the legislature’s intent that the new No Fault Divorce Law does not give an option to a spouse to demand a trial on the issue that the marriage is irreconciably broken.

The Judge in his decision stated “New York Legislature has enacted in DRL Section 170(7), a true No Fault Divorce Law which does not require proof of any fault, and which does not require or permit the government, through it’s courts, to put people seeking a divorce on trial regarding their marriage.” Justice Muller pointed out in his decision that his ruling is in agreement with a decision of Nassau County Supreme Court Justice Anthony J. Falanga in the case of AC vs. DR, where Judge Falanga ruled that a woman could not challenge her husband’s declaration the marriage was irretrivably broken. In that case the woman was also not allowed to have a trial on the fault ground.

Divorce Made Simple

The New Divorce Law eliminates litigation concerning fault issues of who did what to whom. However, issues involving child support, spousal maintenance, custody, orders of protection, visitation rights (parenting time) and attorneys fees in divorces are still subject to litigation.

Father’s Rights and Mother’s Rights

Mothers and fathers have equal rights regarding custody, visitation, child support, spousal maintenance and other issues in divorces. The Law Offices of Schlissel DeCorpo have been litigating these issues for more than three decades. In addition, the law firm negotiates separation agreements, pre nuptial agreements and post nuptial agreements. In cases of one parent turning the children against another, the law firm litigates parental alienation and parental alienation syndrome related issues. Call for a free consultation. The offices phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802. The law firm phones are monitored 24/7.

No Fault Divorce Denied to Father

Scott Schiffer was divorcing his wife, Lynn. He made an application under the new New York Domestic Relations Law section 170-70 for a Summary Judgment based on a irretrevable break down of his marriage to his wife Lynn for a period of six months.

Lynn opposed the Summary Judgment application. Summary Judgment asks a court to render a decision on the issues presented to it without the need for a trial. Lynn claimed that a judgment could not be granted because under the new law both economic and custodial issues concerning custody of the children had to be resolved for the court to finalize a judgment on the case. Her attorney argued to the court since neither of the issues have been resolved the court could not grant a Summary Judgment application on behalf of her spouse in this divorce proceeding. Justice Charles D. Woods, sitting in the Supreme Court of Dutchess County agreed with Lynn’s lawyer’s argument. The court’s decision held the new No Fault Divorce Statute clearly states a judgment cannot be granted unless the economic and issues in concerning child custody and visitation are resolved.

Long Island Divorce Lawyers

The divorce lawyers at the Law Offices of Schlissel DeCorpo have been assisting New Yorkers and Long Islanders in obtaining divorces for more than 30 years. Our office has developed an expertise regarding issues concerning divorce, orders of protection, child custody, child abuse and child neglect, annulments, and issues involving high networth divorces. Our law office also negotiates pre nuptial and post nuptial agreements. We litigate issues concerning mother’s rights and father’s rights. Should you have Matrimonial or Family Court issues, call us. Our phones are monitored 24/7.

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.

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.

Neighborhood Change Insufficient to Modify Child Custody Terms

custody2-150x150 Lawrence C. and Antheap met based on an advertisement placed on a website for a partner to conceive a  child through artificial insemination. When the parties met, it was agreed that Antheap would be  artificially inseminated and Lawrence C. would play a role in the parenting of the perspective child. In  June of 2008, twins were born. A custody arrangement was worked out between the parties. During a  two-week period, Dad had the children with him for four evenings. Mom had the children with her for  ten evenings.

The relationship between the parties was never one of love and affection. It was strictly one of convenience, for the purpose of conceiving children. In 2007, the relationship soured.

Court Hearing Before Referee Barnett

Referee Barnett, sitting in the Family Court for New York County, rendered a decision after a hearing that the father should be the primary residential custodial parent of the children after they reach the age of four. In the decision of Referree Barnett, Dad was given final decision-making authority on all significant issues, including, without limitation, education, medical care and extra curricular activities. Mom appealed.

Appellate Division First Department Ruling

The Appellate Division of the First Department, located in New York County, overturned the decision of Court Referree Elizabeth Barnett. The Appellate Division found “none of the grounds upon which the Referree ordered a future change in custody are so compelling as to warrant the attended disruption of the children’s lives.” The court went on to state, “speculation (based solely on lay testimony) that the children, by reason of their non-traditional family background, would more easily fit in with other children in the father’s west village neighborhood than in the mother’s predominately Greek American neighborhood in Queens “was not a reasonable basis for making a custody decision concerning the best interest of the children.”

The Appellate Division also stated that, while each parent would do well to adopt a more cooperative attitude towards the other, the past problems with the mother’s conduct are not so great as to warrant displacing her as the primary custodial parent.

custody11-150x1501New York and Long Island Fathers’ Rights Attorneys

Are you a father with a legal problem? If so, we are the attorneys for you. We have more than thirty years of experience representing fathers in all types of father’s rights cases. We litigate divorce proceedings, child custody proceedings, child visitation proceedings, child support, spousal maintenance (alimony), as well as child abuse and child neglect proceedings in the Supreme Courts and Family Courts throughout the metropolitan New York area.

We develop defenses for fathers who are removed from their residences based on orders of protection. We litigate the equitable distribution of property of the parties in divorce cases. When the situation is appropriate, we negotiate separation agreements for our clients.

When mothers seek to leave the metropolitan New York area for the purposes of relocating, we litigate relocation problems on behalf of fathers.

If you are a father and you have problems involving your children, we are the law firm for you. We will give you a free consultation. We will analyze your problems and provide you with a detailed presentation as to how we can help you resolve these problems. Call us for a free consultation at 1-800-344-6431, 516-561-6645 – Father’s Rights Website.

Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore

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