In a case before Justice Stacy Bennett sitting in a Divorce Part in Nassau County, a wife brought a divorce lawsuit against her husband. They had been married in 2001. Issues involving parental access, grounds, custody, and all other issues had been decided by the court. The issue presented to Justice Stacy Bennett was whether a personal injury … [Read more...]
The Grounds For Divorce in New York
Irretrievable Breakdown of the Marriage The newest ground for divorce is a no fault ground. This no fault ground is used in the large majority of divorce cases today. It simplifies the divorce process because it is a ground which does not usually have an available defense to it. The ground specifically states the relationship between the spouses … [Read more...]
Dealing With Parental Alienation Problems – Part II
Fighting Parental Alienation The best way to deal with a situation involving parental alienation is for the alienated parent to take immediate legal action to ask for either a change in custody, an order enforcing visitation, an order of protection, and/or other legal remedies. The longer the parental alienation is allowed to go unrestrained, the … [Read more...]
Dealing With Parental Alienation Problems – Part I
In divorce and Family Court litigation involving custody and spending parenting time with children, sometimes one parent seeks to alienate the children from the other. God gives each child two parents. A parent who estranges the children from the other parent for selfish, inappropriate and/or vindictive purposes, doesn't understand the damage they … [Read more...]
Child Custody Litigation
Watch today's video blog on the topic of Child Custody Litigation: Elliot S. Schlissel is a divorce attorney representing clients for more than 45 years. He and his associates handle all aspects of family law child custody proceedings, and divorce litigation in both the Supreme Court and the Family Court. Elliot can be reached for … [Read more...]
Ashley Madison Data Going Public Causing Rising Divorce Rates
Hackers recently posted the names, addresses, partial credit card numbers and email addresses of the large majority of almost 40 million users of the Ashley Madison website. The Ashley Madison website acts as a center for individuals seeking to cheat on their spouses to meet other individuals who seek to cheat on their spouses through the internet. … [Read more...]
Father Denied Sole Custody But Should Be Allowed Parenting Time With The Children
A father had brought an application to the Family Court seeking a modification of a custody order. Father and mother had initially stipulated the mother would have sole legal custody of the children and the father would have parenting time. Father thereafter brought a proceeding to change physical custody of the children from the mother to him. He … [Read more...]
VIDEO: A Billion Dollar Divorce
Watch today's video blog where we are discussing a Billion Dollar Divorce: Elliot S. Schlissel is a divorce attorney with more than 45 years experience representing clients in all aspects of matrimonial law. He prepares prenuptial and post nuptial agreements. Elliot can be reached for consultation at 516-561-6645, 718-350-2802 or by email … [Read more...]
Husband’s Down Payment to Purchase Home Considered Separate Property
In a recent decision, the Appellate Division of the Third Department, an appeals court, has upheld a Supreme Court decision which found the down payment a husband used to purchase the marital residence was the husband's separate property. The Case The parties to a marriage purchased a home 5 months after they were married. At that time, the … [Read more...]
An Historical Perspective of Mother’s Custody Rights Concerning Their Children – Part I
Historically, courts favored giving custody of young children to mothers. There were several doctrines which were utilized as the basis to support giving mothers custody of young children. This doctrine was known as either the "tender years doctrine" or the "maternal preference doctrine". The basis for this legal theory favored giving mothers … [Read more...]
