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Post-divorce Parenting Issues

matrimonial attorneysYour divorce is over. Does this mean all parenting issues have been resolved? Hopefully, this is true. But life is not static. Children grow older and develop new, unanticipated issues. Parents’ relationships change. Financial situations for both the custodial and non-custodial parent are impacted by employment interruptions, physical problems and sometimes relocation of one of the parents. In addition, even after the parents have worked out everything in the divorce, new decisions will need to be made regarding the children as time goes on.

Parenting Plan

One of the best ways to deal with child custody and visitation issues is to have a specific, detailed parenting plan. Parenting plans provide stability as relationships change and seek to minimize conflicts between the parents.

Co-parenting

Co-parenting arrangements, after the divorce is finalized, requires both parents to put the children’s best interest before their own. The parents must communicate with each other concerning all significant issues involving the children. Both parents should strive to maintain a positive attitude and only say affirmative things about the other parent. Neither parent should bad-mouth the other! The following is a list of factors that should be taken into consideration and be part of a co-parenting plan:

  1. Both parents should make decisions based on what is in the children’s best interest.
  2. Parents should speak to each other either on the phone, by text message or e-mail concerning all significant issues involving the children.
  3. The parents should strive to be flexible and reasonable with the other parent with regard to issues that impact on their children.
  4. Each parent should take into consideration that the other parent’s parenting style may be different than his or hers.
  5. Each parent should avoid questioning their child each time they come back from a visit with the other parent.
  6. Each parent should strive to keep the other parent informed regarding educational, social and athletic activities that the children are involved in.
  7. Conflict avoidance should be the mainstay of the co-parenting relationship.

Peace, Love and Consideration

Peace, love and consideration are the key components of a co-parenting plan. Parents should seek to avoid future arguments, disagreements and hostilities between each other. Both parents should make the love for their children as the central basis of the co-parenting plan. The best interest of the children should always be in both parents’ minds. Co-parenting plans should not be popularity contests between the parents. Children need parents to give them guidance. A parent is not a child’s friend. A parent is the person that has to see to it a child knows the difference between right and wrong. Popularity contests between parents have a negative impact on your child.

About the Author

assistance in family lawElliot S. Schlissel, Esq. is a well-respected matrimonial and family law attorney who has successfully represented parents concerning issues involving divorce, custody, visitation and other related matters. His office offers free initial consultations.

Teenagers Should Not Be Tried As Adults

Jonathan Lipman is the Chief Judge of the State of New York. He seeks to reform our legal system with regard to the prosecution of teenagers as adults. He believes that teenagers who commit minor crimes should have these matters handled by the Family Courts and not the Criminal Courts. New York is one of only two states in the United States that try sixteen and seventeen year old as adults for minor offenses. Thousands of non violent youthful offenders should be given community service instead of being sentenced to jail as adults. When teenagers receive criminal records it has a negative impact in their fitting into society and obtaining meaningful employment in the future. Why should young lives be decimated by mistakes made as teenagers! Sometimes these teenagers are convicted before they grow into mature, reasonable adults. They should at least be given a chance to succeed.

Judge Lipman seeks to have the State Sentencing Commission submit a new bill to the State Legislature in 2012. He wants teenagers accused only of violent crimes prosecuted as adults. Teenagers who are charged with non violent crimes will have their cases handling under a pilot project in the Criminal Courts. Judge Lipman feels being more insightful with regard to the handling of cases involving teenagers in the long run is a better policy and will save large sums of money for the State’s present recidivism and eliminate unnecessary prison overcrowding.

I strongly agree with Judge Lipman’s suggestions. I hope the State Legislature will carry through with his ideas.

Family Court Lawyers

The Family Courts in the State of New York handle a variety of cases. They deal with orders of protection, child custody matters, juvenile cases, child abuse and child neglect cases. In addition, they deal with all types of problems involving juveniles. Both father’s rights and mother’s rights need to be protected in cases involving orders of protection in the Family Courts.

Our office can also assist you with regard to divorce related issues in the Supreme Courts. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Violence In Judge’s Chambers During Florida Divorce

Kathleen Scott-Gonzalez appeared in court for a hearing on her divorce in Plantation, Florida. She expected this to be the final day of the trial on her divorce case. What she didn’t anticipate was that she would be beaten up by her husband in the judge’s chambers and end up with a broken nose and fractured jaw!

Kathleen and her husband Paul Gonzalez were in Judge Rothschild’s chambers. A hearing was underway concerning the issue of child support. Paul Gonzalez was acting as his own attorney. Both Paul Gonzalez and his wife Kathleen are ex marines.

Child Support

Judge Rothschild was talking about child support. At that time Paul Gonzalez stood up and left the room. Judge Rothschild invited both litigants into his chambers to discuss the matter. When Paul Gonzalez entered Judge Rothschild’s chambers, he started punching his wife. He was behind her and started punching her in the back of her head. Unfortunately, there was no court officer in the room to prevent the assault. Both Judge Rothschild and Kathleen Gonzalez’s lawyer helped stop the beating. Eventually court officers came in to the room and subdued Mr. Gonzalez.

Paul Gonzalez has been charged with felony battery and resisting arrest. He is currently spending his time in the Brownwood County jail. His bail has been set at one million dollars.

Kathleen Gonzalez advises men and women if they are afraid their spouse, even in a court setting, they should ask the court for additional security. Kathleen Gonzalez thought she was safe in court. In the case of her divorce, she wasn’t!

Father’s Rights Lawyer

Fathers should never represent themselves in a divorce. They should have knowledgeable father’s rights lawyers by their side at all times during matrimonial or family court proceedings.

The attorneys at the father’s rights Law Offices of Schlissel DeCorpo have extensive experience in dealing with issues involving paternity, child custody, orders of protection, child visitation and child support. We represent fathers wrongly accused of child abuse and child neglect by CPS and ACS. We deal with the attorneys for the child also in these proceedings. When fathers are downsized or lose their jobs, we bring applications to reduce their child support.

Our law office has extensive experience in dealing with parental relocation problems (when one parent moves), grandparent’s rights and equitable distribution of assets in a divorce. Our attorneys represent men in the Supreme Courts and Family Courts of Nassau County, Queens County, Kings County and throughout the rest of the Metropolitan New York area. Call for a free consultation.

Kathleen Scott-Gonzalez appeared in court for a hearing on her divorce in Plantation, Florida. She expected this to be the final day of the trial on her divorce case. What she didn’t anticipate was that she would be beaten up by her husband in the judge’s chambers and end up with a broken nose and fractured jaw!

Kathleen and her husband Paul Gonzalez were in Judge Rothschild’s chambers. A hearing was underway concerning the issue of child support. Paul Gonzalez was acting as his own attorney. Both Paul Gonzalez and his wife Kathleen are ex marines.

Child Support

Judge Rothschild was talking about child support. At that time Paul Gonzalez stood up and left the room. Judge Rothschild invited both litigants into his chambers to discuss the matter. When Paul Gonzalez entered Judge Rothschild’s chambers, he started punching his wife. He was behind her and started punching her in the back of her head. Unfortunately, there was no court officer in the room to prevent the assault. Both Judge Rothschild and Kathleen Gonzalez’s lawyer helped stop the beating. Eventually court officers came in to the room and subdued Mr. Gonzalez.

Paul Gonzalez has been charged with felony battery and resisting arrest. He is currently spending his time in the Brownwood County jail. His bail has been set at one million dollars.

Kathleen Gonzalez advises men and women if they are afraid their spouse, even in a court setting, they should ask the court for additional security. Kathleen Gonzalez thought she was safe in court. In the case of her divorce, she wasn’t!

Father’s Rights Lawyer

Fathers should never represent themselves in a divorce. They should have knowledgeable father’s rights lawyers by their side at all times during matrimonial or family court proceedings.

The attorneys at the father’s rights Law Offices of Schlissel DeCorpo have extensive experience in dealing with issues involving paternity, child custody, orders of protection, child visitation and child support. We represent fathers wrongly accused of child abuse and child neglect by CPS and ACS. We deal with the attorneys for the child also in these proceedings. When fathers are downsized or lose their jobs, we bring applications to reduce their child support.

Our law office has extensive experience in dealing with parental relocation problems (when one parent moves), grandparent’s rights and equitable distribution of assets in a divorce. Our attorneys represent men in the Supreme Courts and Family Courts of Nassau County, Queens County, Kings County and throughout the rest of the Metropolitan New York area. Call for a free consultation.

Child Support and College Expenses

child-150x150The Child Support Standards Act provides a formula for child support payments. A non-residential custodial parent pays child support of 17% of gross wages, less FICA and less New York City taxes (where applicable), when there is one child receiving support. The figure goes up to 25% for two children, 29% for three children, 31% for four children and 35% for five children.

What happens to the child support when the he or she attends college?

The main expenses in college involve tuition and room and board if the child is not living at home. Recent cases hold that a parent paying child support should receive a dollar for dollar credit for all monies paid by the parent for room and board while the child is attending an out of town college.

Issues with regard to payments of tuition are more complicated. Some courts have held that parents should pay tuition up to the cost of a state university of New York college education based on the earnings of each parent. An example of this would be if one parent made $70,000 a year and the other parent made $30,000 a year. The parent making the $70,000 a year would pay 70% of the tuition costs and the parent making $30,000 would pay 30% of the tuition costs. This only works if the parents have the financial ability to make these payments.

College funding gets more complicated when there is more than one child receiving child support. Since most divorce cases are settled, the issues of college expenses, whether they be room and board, transportation or tuition, should be clearly delinated in the stipulation of settlement or settlement agreement entered into between the parties. These agreements are quite technical in nature and should only be drafted by qualified attorneys with extensive experience in handling matrimonial and family law matters.

If you are involved in a divorce or negotiating a separation agreement, it is important to consider the interaction between college expenses and child support at the time the agreement is being negotiated.

Fathers’ Rights Attorneys

If you’re a father with matrimonial and family law problems, the Law Offices of Schlissel DeCorpo can help you. For 34 years, we have aggressively litigated all types of issues on behalf of the fathers we have represented. We have an expertise in dealing with child abuse and child neglect situations. We litigatepaternitychild supportchild custodychild visitationspousal maintenance (alimony), and we bring proceedings for the downward modification of child support on behalf of our clients.

We advise our clients with regard to all types of issues in divorce proceedings. We assist our clients in obtaining divorces on the basis of irreconcilable differences under the new New York No Fault Divorce Statute. We litigate equitable distribution of property in divorce proceedings. When the mother relocates, we bring relocation litigation to bring the child back to New York or change custody to the father. Should the mother turn the child against the father, we litigate issues involving parental alienation and parental alienation syndrome. In addition, we assist grandparents with grandparents’ rights cases. Feel free to call us for a free consultation.

Juvenile Probation Assessment Tool Discriminates Against Boys

probation-150x150

Judge Hunt, sitting in the Family Court of Queens County in November of 2010, rendered a decision in a case that criticized the Probation Assessment Tool. Judge Hunt stated that the Probation Assessment Tool, which was implemented in the year 2003, provided “unwarranted harsher treatment” for many males and “unwise and unjustified lenient treatment for many females.”

Judge Hunt’s decision stated that “by creating a system of gender discrimination against males, [the] program also creates the very real possibility that female delinquents will receive less services or less supervision then they should, which itself creates an unnecessary risk of recidivism as well as an unnecessary risk to the safety of the community.”

Inability of Family Court to Change This Flawed System of Probation

Although Judge Hunt criticized the probation system, he further stated in his decision that he was without authority to change the system. He encouraged the state legislature to look into these problems and address necessary changes to the probation system in the State of New York.

Department of Probation

The New York Family Court Act of 1962 created the Department of Probation. The Department of Probation is authorized to conduct investigations and provide written reports in all delinquency proceedings, unless the procedure is waived by both parties to the proceeding. The Probation Department uses a tool called the Probation Assessment Tool (PAT). This program was developed by a non-profit organization called the Vera Institute of Justice. The PAT Tool covers seven categories. The categories are demographics; current events; legal history; family and home; school; community and peers; and drugs and alcohol/mental health. There are thirty-four questions within the confines of this program. Based on these questions, a score is calculated.

If a juvenile receives a low score, the outcome may result in incarceration or an intensive community program. If a juvenile obtains a high score, he or she usually receives a conditional discharge or an adjournment in contemplation of dismissal, which is very lenient treatment. Judge Hunt’s decision indicated that the PAT program awards fourteen points simply for an individual answering a question indicating that they are a female. He therefore concluded that girls start off with a discriminatory benefit. Judge Hunt concluded in his decision that, due to the scoring disparities, the recommendations of PAT “would have been absurd and in some cases reckless.” Judge Hunt strongly suggested the New York State Legislature take immediate action to address this discriminatory tool used by probation departments.

It should be noted that judges, not the Department of Probation, have the ultimate authority concerning the sentencing of juveniles. Probation reports are merely recommendations that the judge can either accept or ignore.

Boys’ Rights, Mens’ Rights and Fathers’ Rights

Our office has been representing boys, men and fathers in the Family Court for three decades. We represent them concerning issues involving orders of protection, paternity, child custody, visitation, child support, spousal maintenance (alimony), child abuse, child neglect proceedings, CPS and ACS problems and also criminal allegations involving domestic violence.

We also represent fathers in divorce proceedings. Within the divorce proceedings, we litigate high net worth issues, equitable distribution of assets, parental relocation problems, parental alienation and parental alienation syndrome issues. In amicable situations, we negotiate separation agreements and we provide arbitration and mediation representation. Call us for a free consultation at 516-561-6645, 718-350-2802 or 1-800-344-6431.

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

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