Live chat- online now

We are here to assist you. Chat with us now.

Chat Banner

Can We Help You?

Menu
Squarebtn

contact us today

516-561-6645 718-350-2802 631-319-8262

free consultation

Autism and the Child – Part III

assistance for parents of special needs childrenPrivate Schools and the Autistic Child

Child support in all fifty states in the United States is based on the Child Support Standard Act.  This statute lays out a schedule of child support payments and ancillary expenses the non-residential custodial parent must contribute to.  However, private school tuition is not one of the items included as a necessary payment obligation for non-custodial parents.  Courts have discretion to adjust the child support figures related to the special needs of a disabled child.  Divorce courts can utilize their discretion to order a parent to contribute to private schooling costs for an autistic child with special needs.  In situations where the public schools do not offer the specialized programs for an autistic child it may be in the child’s best interest to attend a school that can deliver specialized educational services related to autism.  The tuition costs for these types of schools should be taken into consideration by courts in making custody decisions concerning autistic children.

Emancipation and the Autistic Child

In the State of New York, a child is considered emancipated at the age of twenty one unless the child at an earlier age marries, enters into the armed services, or is working and self supporting.

An autistic child may never be emancipated.  Courts should consider whether a child’s disability should extend the time the child is unemancipated for child support purposes.  A child over the age of twenty one who is disabled and incapable of maintaining himself or herself because of illness or disorder should be considered to be unemancipated even if over the age of twenty one.

Conclusion

Autism is a tragedy affecting more and more American children.  Divorces caused by the tension and stress created by the necessary dealing with the unique problems of the autistic child are on the rise.  Courts, parents, and attorneys need to cooperate in creative decision making with regard to dealing with unique problems associated with raising an autistic child.

About the Author

family law and divorce on Long IslandElliot S. Schlissel, Esq., has been practicing Family and Divorce law in the metropolitan New York area for more than thirty years.  Elliot and his team of dedicated, hard working lawyers deal with all aspects of matrimonial and family law including issues involving divorce grounds, family lawchild custodychanging visitationchild abuse and child neglectdrafting separation agreementsprenuptial and post nuptial agreements.  We also have litigated cases involving mothers’ rights and fathers’ rights.

Autism and the Child – Part II

advocates for parents of special needs childrenSpecial Needs For The Autistic Child

Autistic children require expensive therapy and special education regimes that are not available in local school districts.  This results in additional expenses for families.  Judges hearing divorce cases involving autistic children need to pay special attention to the needs of the autistic child.

Residential Custody of the Autistic Child

The residential custodial parent of the autistic child will have a significant burden in dealing with all the idiosyncrasies of the autistic child.  When determining custody of an autistic child the judge should take into consideration all of the following issues:

1.  The acknowledgment and acceptance of the child’s disorder.

2.  Each parents ability to follow through on recommended behavioral interventions for the child.

3.  The parent’s capacity to understand the nature and circumstances of this disease.

4.  The willingness of the parent to place the child’s needs over his or her needs.

5.  Each parent’s ability to handle the psychological stress involved in raising an autistic child.

Joint Custody of the Autistic Child

Sometimes with healthy children, joint custody is the best route to deal with parent’s access to their children.  However, autistic children require special consideration when it comes to joint custody.  Joint custody will not necessarily be in the best interest of the autistic child. Autistic children require predictable and consistent schedules.  They do not function well when their schedules are interrupted.  Autistic children need regimented behavioral therapy.  This can be difficult to maintain when the child is going back and forth between two households.

It is extremely important both parents, the residential custodial parent and the non-residential custodial parent, be educated as to what autism involves and the types of long term therapies autistic children require.

Parenting Schedules and the Autistic Child

In cases involving autistic children parenting schedules should give special consideration to the child’s therapy regime.  Autistic children may be in year round extended school year programs related to special education.  When school regimes are interrupted for autistic children they can regress.divorce attorney on long island


Autism and Divorce – Part I

marriage and divorce attorneyDivorce is a common occurrence in today’s world.  In some states almost half of the marriages end in divorce.  When a married couple has an Autistic child it further complicates the home situation.  The inability of one or both parents to deal with the stress and problems in raising an autistic child can be a cause of divorce.  Parents of children with autism experience higher degrees of stress in their lives.

The Autistic Society of America, in a study, found the following cause for stress among autistic parents:

1.         Parents inability to determine the child’s needs.

2.         Reactions from society to the autistic child and the feelings of isolation.

3.         Concerns regarding future care for the autistic child.

4.         Finances and economic pressures caused by the cost of the therapies for the child.

5.         Feelings of grief.

6.         Lack of personal time.

7.         Stress from reactions by siblings and other family members

Divorce and Autism

There are special issues that affect parents of an autistic child during divorce proceedings. Issues involving child custodyvisitationchange in child custodychild supportfamily court issueschild abuse and child neglect proceedings, special education expenses for the child, and health insurance for the autistic child are issues that need to be dealt with.

Autism in America

There has been an astronomical increase in the past ten years in the number of children born in American who develop autism. Now approximately 1 out of every 90 child born in the United States develops autism.

Autism affects children in different ways.  Autistic children often have difficulty speaking.  Some autistic children only repeat what they hear others say.  Autistic children have difficulty making eye contact.  They can engage in obsessive-compulsive behaviors.  Examples of this type of behavior include lining up objects in a row and repeating a task over and over again for many hours.

Some autistic children do not understand danger. They can place their hand on a stove even if they were burned by doing this previously.  Autism is a serious disorder.  An autistic child’s ability to learn, communicate and socially interact is negatively affected.  Although autism is not curable, early diagnosis and intense behavioral treatment can allow the child to make significant improvements.maintenance and custody attorneys

Who Needs a Prenuptial Agreement?

family law and divorce attorney on Long IslandPrenuptial agreements are not for everyone. The only individuals eligible for prenuptial agreements are people getting married. Seriously though, who needs a prenuptial agreement and why would you really want one?

Prenuptial Agreements deal with issues such as assets accumulated during the marriage, professional licenses and spousal maintenance issues.

Starting On Equal Terms

Many couples who marry have similar financial circumstances. However, during the course of the marriage, one party may decide to stay home and raise the children which would have a negative impact on his or her career. This provides a ground in a divorce for requests for alimony (spousal maintenance).

Prenuptial Agreements Cost Less Than Engagement Rings

Engagement rings today cost anywhere between $5000 and $25,000. A prenuptial agreement will usually cost between $2500 and $7500. It is a lot cheaper than an engagement ring. It is said that diamonds last forever. Diamonds in the engagement ring may last forever but 50% of all marriages fail. This makes the cost of prenuptial agreements when considered over the long run a lot less expensive.

Don’t Wait For The Last Minute

If you anticipate entering into a prenuptial agreement with your future spouse, you shouldn’t wait to a few weeks before the marriage to retain an attorney to draft the document. Prenuptial agreements should be negotiated several months before the parties get married.

Prenuptial Agreement Lawyers

assistance in family court and with prenuptial agreementsThe attorneys at the Law Offices of Schlissel DeCorpo draft prenuptial agreements. It addition we draft post nuptial agreements and separation agreements. The firm also litigates all divorce issues. These issues may involve divorce grounds, family law, child custody, changing visitation, child abuse and child neglect, drafting separation agreements, prenuptial and post nuptial agreements. We also have litigated cases involving mothers’ rights and fathers’ rights. Call for a free consultation.

What You Shouldn’t Say To Friends Who Don’t Have Children

When a couple has children it is usually an extremely significant event in their lives.  The raising of children changes many aspects of the couples life.  One of the aspects that can be negatively impacted on is the friendships with couples that do not have children.  There are important things you should never say to a couple that doesn’t have children.

I Guess You Have A Pet

Pets can be a large part of a couples life.  However they are never a substitute for having a child.  You should never talk to a childless couple in a manner that sounds like it is a consolation prize for not having children.

When Do You Intend On Having Children?

Couples that have the blessing of children often want their friends to share in their wonderful experiences.  However, asking other couples about when they plan on having children in public situations is definitely a no-no.  There are a variety of reasons why couples don’t have children.  Sometimes they decide having children isn’t right for them. There could be medical problems such as infertility that the couple is facing.  If you want to discuss issues concerning why a couple isn’t having children you should very carefully and very discreetly bring it up only in private conversations.

I Guess You Get A Lot More Sleep Than I Do?

Couples with children are very often up during the night dealing with their children’s issues.  But the opposite is also untrue.  Couples generally do not decide to not have children because they want to sleep more at night.  Comments can sound like the couple is acting in a shallow or selfish manner.

We Always Wanted To Have A Family

This expression can be misinterpreted.  Childless couples, when they hear this expression, may believe you’re saying a couple who don’t have children are not a family.  There are many types of families.  Significant others, parents, brothers and sisters, cousins, all constitute family members.

New York Divorce Lawyers

If you are married and things don’t work out, you may need to get divorced.  In those situations the New York divorce lawyers at the Law Offices of Schlissel DeCorpo can help you out.  The divorce lawyers at the Law Offices of Schlissel DeCorpo have more than 100 years of combined legal experience in dealing with matrimonial and family law cases.  Among the various of matters handled by the Law Offices of Schlissel DeCorpo are divorce grounds, family lawchild custodychanging visitationchild abuse and child neglectdrafting separation agreementsprenuptial and post nuptial agreements.  We also have litigated cases involving mothers’ rights and fathers’ rightsThe firm has extensive experience in dealing with high net worth divorce issues. Call for a free consultation.

Lie To The Court and Your Divorce Gets Dismissed

Justice Charles J. Markey was recently presented with two cases involving divorces that had similar fact situations. In both cases judgments for divorce had been granted to the parties based on sworn statements that there were no children from the marriages. However in both situations the court eventually discovered that there were children of these marriages.

The court found intentional fraud or inexcusable recklessness due to the fact there were unemancipated children of the marriages who required child support to be paid on their behalf. Since there were misrepresentations in the original documents, there was no child support in the divorce judgments.

In both situations the court vacated the judgments of divorce. The court refused to amend the divorce judgment to include the children. Both divorce law suits were dismissed by the courts.

Stayed Foreclosure Allowed To Continue

The court took note that in both situations there were homes in foreclosure. He put in previously granted stays with regard to the foreclosure proceeding during the pendency of the divorces. The court vacated the stays of the foreclosure matters and allowed the two foreclosures proceedings to proceed. Conclusion, tell the truth in your divorce admissions!

New York and Long Island Divorce Lawyers

The attorneys of the Law Offices of Schlissel DeCorpo have extensive experience in handling matrimonial and family court cases. The lawyers have a total of 100 years combined experience. These attorneys have extensive experience with regard to divorce grounds, family law, child custody, changing visitation, child abuse and child neglect, drafting separation agreements, prenuptial and post nuptial agreements. We also have litigated cases involving mothers’ rights and fathers’ rights.

Elliot S. Schlissel has litigated numerous cases dealing with professionals whether they are doctors, lawyers or dentists whose practices were being equitably distributed. The firm pays special attention to individuals who have high net worth divorce situations. Feel free to call for a free consultation 1-800-344-6431, 516-561-6645 and 718-350-2802.

Prenuptial Agreement Set Aside By Court

prenup-150x125A wife recently brought a proceeding before Judge Anthony J. Falanga in the Supreme Court located in Nassau County. She claimed in this proceeding the 1998 prenuptial agreement she executed should be set aside. She alleged her husband fraudulently induced her into signing the agreement. She was convinced to sign the prenuptial agreement because of her spouse’s promise to destroy it upon the birth of the couple’s first child. He promised as soon as the first child was born all of the assets of the marriage will be placed in both her and his name.

Husband Duped Wife Into Executing the Prenuptial Agreement

Judge Falanga carefully reviewed the evidence submitted to him on this case. He rendered a decision declaring the prenuptial agreement null and void. He found the husband had made promises to the wife at the time of the execution of the agreement. These promises were lies and misrepresentations. The husband had no intention of carrying out these promises. He only made these promises for the purpose of convincing the wife to sign the prenuptial agreement so the wedding would take place.

The court noted the husband only provided the wife with a copy of the agreement a short time prior to the wedding date. Judge Falanga stated “this was calculated and speaks volumes as to the importance he attributed to being protected financially from a possible failed marriage.” The court in it’s decision stated “the wife had justifiably placed her trust in her future husband’s representations to her detriment and was damaged by being denied a share of significant marital property.”

Conclusion

If you’re entering into a prenuptial agreement, it should be prepared long in advance of the wedding and trickery should not be used to induce a party to execute the agreement.

New York Divorce Lawyers

The attorneys at the Law Offices of Schlissel DeCorpo have extensive experience in drafting prenuptial agreements as well as postnuptial agreements. They also have been litigating high net worth divorces for decades. Should you find yourself in a divorce situation they can assist you with issues involving divorce grounds, child custody, division of property and mediation of the divorce. In appropriate situations, they negotiate separation agreements on behalf of their clients. Call for a free consultation with regard to any family court or divorce matter. The phone numbers are 1-800-344-6431 or 516-561-6645 or 718-350-2802.

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.

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.

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.

  • banner-changes
  • image5
  • image6
  • image7