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Parental Alienation of Children

divorce attorneysParental alienation of children is now recognized by the Courts in New York to be detrimental to the best interest of children. When one parent alienates the children from another parent he or she is simply hurting the children. Each child has two parents and each of the parents adds to the quality of the human being the child will become.

Parental alienation syndrome involves one parent, through subtle and not so subtle means, encouraging denigration, bad feelings, a lack of love and a sense of animosity to the other parent. When one parent motivates the children in this negative manner regarding the other parent, the children become “alienated” from the other parent.

Parental Alienation And Changing Custody

In some cases, the Courts in New York have removed the children from the home of the parent who caused the children to be alienated from the other parent and given custody to the other parent. In these cases, the Courts in New York have found it in the children’s best interest to have custody changed.

It is the obligation of the residential custodial parent to foster visitation of the children with the nonresidential custodial parent. Visitation, which is now referred to as parenting time, is important for the development of the relationship with the children and the nonresidential parent.

In the case of In re Jeffrey Doroski v. Nancy Ashton, the Appellate division (an appeals court), in its decision, stated “parental alienation of a child from the other parent is in fact so inconsistent with the best interest of the children as too, per say, raise a strong probability that the [offending party] is unfit to act as a custodial parent.”

Action To Be Taken To Avoid Parental Alienation

The first thing a parent should do when presented with the situation of parental alienation is to speak to the other parent who was alienating the children. Try to educate the other parent that he or she is simply hurting the children by taking this action. Discuss family counseling with the other parent to deal with this situation.

child advocacy and assistance for parentsIf the alienating parent continues with his or her destructive behavior regarding the children, immediate legal action is necessary. It is important to nip parental alienation syndrome in the bud. The longer the alienating party has to turn the children against the other parent, the more difficult it is to undo this negative conditioning. Issues concerning parental alienation in the State of New York are handled either in the Supreme Court or in the Family Court.

Joint Custody Unworkable

joint-150x150 Acting Supreme Court Justice Neary, sitting in Westchester County, found that a one week on, one week off joint custody arrangement between a father and mother was unworkable. He also found that this arrangement was disruptive to the children’s lives.

Justice Neary ordered a hearing to determine who should receive custody of the children. In his decision, Justice Neary found that the father “methodically demonstrated” that the mother engaged in parental alienation of the children. A forensic expert confirmed that the mother had been involved in parental alienation syndrome activities.

Mother’s Testimony Unbelievable

The court found that the mother had significant credibility problems with regard to her testimony. The court’s decision stated that the father had met his burden of establishing an unforeseen change in circumstances which called for a modification of the custody arrangements.

Joint Custody Continued By the Court

The court found that joint custody was still the best way to handle this case. The court modified the custody so the parties would share children on a two week on, two week off basis. Judge Neary’s decision was based upon the fact that it was in the best interest of the children to have longer periods of time with each parent, thereby causing less disruption in their lives.

Conclusion

In this case, the mother’s bad behavior had very little impact on her overall relationship with the children and custody.

divorce-150x1503Long Island Divorce Lawyer

Issues involving divorce are difficult. The Law Offices of Schlissel DeCorpo has been delicately and aggressively dealing with divorce-related issues for more than thirty years. Our law office litigates all aspects of divorce matters including, divorce grounds, child custody, child visitation, child abuse, child neglect, and the division of assets (especially in high net worth cases and cases involving doctors, lawyers and dentists). Our office can protect fathers’ rights, as well as mothers’ rights, in a divorce. If it is an amicable divorce situation, we assist our clients in negotiating separation agreements. Feel free to call us for a free consultation.

Mother’s Request to Relocate Her Child Denied

This past summer, Justice Falanga, a Supreme Court Judge sitting in Nassau County, made a ruling that despite a child’s wishes, the relocation of the child with the mother to Michigan was denied. The wife decided to relocate from New York to Michigan. She had residential custody of the parties’ children. The father brought a proceeding for custody of the parties youngest child. He took this action in spite of the fact that the child had specifically expressed her desire to move to Michigan with her mother.

Dad Asks For Custody

Dad argued that the custody change was not in the child’s best interest. Justice Falanga decided that this was not a typical relocation case. Instead, he felt it was an application for change of custody resulting in the relocation of the child to another state.

The judge stated in his decision that the wife had the burden of demonstrating that the child’s best interest would be served by this relocation to Michigan, and by the changing of the residential custody from the father to the mother. The court noted that under child modification principles, the wife had established that she believed the child would be happier if she was allowed to reside with her in Michigan. However, she did not prove such change in circumstances would be in the child’s best interest.

The court also took into consideration the fact that the father had made diligent sustained efforts to develop the child’s relationship with his wife. The court ruled that he was the parent best able to provide for the child’s emotional, intellectual and social development. The judge further stated in his opinion that he could provide a more secure standard of living and financial future for the child.

In this case, a father’s rights were protected by the court. Thank you, Judge Falanga!

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New York Fathers’ Rights Lawyer

Fathers need to have their rights protected. Important issues in matrimonial law involving divorce, fathers’ rights, orders of protection, child custody, child visitation, child support, spousal maintenance (alimony), child abuse, child neglect, paternity, equitable distribution and relocation problems require experienced, dedicated fathers’ rights attorneys. We also represent fathers concerning issues involving parental alienation, parental alienation syndrome and paternity. Should you be presented with one of these issues, please feel free to call us.

Are Back Taxes Shared in a Divorce? Maybe Not!

father1-150x1503This past summer, acting Supreme Court Judge Andrew A. Crecca, in the case of Maria C. vs. Dominick C., under Index No.: 04775/08, dealt with issues involving back taxes and equitable distribution in a divorce. The couple had been married in 1987. They had four children. The husband had a home improvement corporation and the wife was a secretary. In 2008, the husband was served with divorce papers. The basis for the divorce was constructive abandonment of the wife by the husband.

Case Scheduled for Trial

After the preliminary proceedings were concluded, Judge Crecca scheduled the case for an equitable distribution trial. Shortly before the trial, the husband unilaterally filed marital tax returns for the years 2004 through 2007. The amended returns showed that husband had earned $100,600 in previously unreported income during this period.

Judge Crecca stated in his decision, “the court sees no legitimate reason for this outrageous and despicable conduct, which the court finds is based solely on malice and revenge, with no other goal then prevent his wife from any recovery in equitable distribution. Accordingly, as a result of such shocking and egregious conduct on the part of the defendant-husband, the court declined to allocate any of the tax liability to the plaintiff-wife in connection with the amended personal returns and directs that the defendant-husband should bare full responsibility for any such additional tax liability.”

The wife’s attorney commented, with regard to this decision, that the Internal Revenue Service is not bound by decisions of state courts. However, they “will give it the appropriate wait.” He further stated that the husbands failure to settle the tax debt “showed the vindictiveness and vengeance of the strategy.”

Fathers’ Rights

The Law Offices of Schlissel DeCorpo aggressively represents fathers. We defend fathers’ rights regarding divorce, orders of protection, child custody, child visitation, child support, spousal maintenance (alimony), child abuse, child neglect and paternity proceedings. We also deal with relocation agreements, grandparents’ rights issues and the drafting of separation agreements. In cases involving parental alienation, we litigate issues related to parental alienation syndrome and how it affects fathers. Feel free to call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Orders of Protection

When one party to a relationship appears in the Family Court and requests an order of protection, there is a tendency for judges to grant these requests. The initial order of protection, given on an ex parte basis (without the other party having his or her day in court), is called a temporary order of protection. Unfortunately for the fathers, a large majority of temporary orders of protection are given to mothers. This can cause the father to be completely cut off from his family. This means he may not communicate, see, or visit with his children. This can also result in the father being immediately thrown out of his home or apartment. To obtain his clothing and personal possessions, he needs a police escort and he can only take on that occasion what he can carry with him. Imagine, one day, being part of a warm and loving family and, the next day, being on the street with no communication with your wife or your children. What’s more is that you cannot return to your home. Although there are many valid situations for granting an order or protection, my experience is that if a woman comes into court and sheds a few tears and claims she’s afraid of her husband, most family court judges will grant an order of protection. Often no hearing of any type is held. A woman makes a series of general allegations, she receives a temporary order of protection and the father’s world is rocked!

Orders of Protection Affecting Children

Children have two parents, a father and a mother. They want to love both of their parents. In cases where they have relationships with both parents and one parent is abruptly removed from their life, it causes the children to be confused and upset.

Sometimes after the father is removed from the home the mother engages in parental alienation syndrome (bad-mouthing of the father to the children). When one parent bad mouths the other to the children and that parent is out of the children’s lives, the children are subject to what is referred to as parental alienation syndrome. This causes the loss of respect, love, admiration and feelings for the other parent. It turns the children against the other parent.

Family Court Judges

Family Court Judges are placed in a difficult positions. When they are unsure as to whether a woman truly needs an order of protection, they generally err on the side of caution and grant a temporary order of protection. Men should receive a hearing within a short period of time upon being thrown out of their homes. Unfortunately, due to the large number of cases pending before the Family Courts, the quick hearing doesn’t take place for many months. The man is removed from his home and then returns months later when it’s found out there was no real basis for the order of protection. This has an extremely negative effect on the man’s life. Men need to be protected in these situations!

New York Fathers’ Rights Attorneys

We are the fathers’ rights lawyers at the Law Offices of Schlissel DeCorpo. We have represented fathers in all types of litigation, before the Family Court and Supreme Court, for well over thirty years. We represent fathers in divorce proceedings. We litigate child support issues, child custody matters, spousal maintenance issues and downward modifications of child support proceedings.

We represent fathers in relocation proceedings, child abuse and child neglect proceedings. We negociate separation agreements on behalf of our clients. We defend fathers when there are allegations of child abuse and child neglect by either Administration for Children’s Services (ACS) or Child Protective Services (CPS). We also assist fathers in high net worth cases and with regard to the equitable distribution of assets in divorces. Feel free to call us for a free consultation a 1-800-344-6431, 516- 561-6645 and 718-350-2802.

Judge Bars Wife From Home

fathers-150x150Judge Bruno, a Supreme Court Justice sitting in Nassau County, has given a father exclusive occupancy of the marital residence. In New York, a judge can give one spouse exclusive use and occupancy of the marital residence during the pendency of a divorce case. In this case, the court found that the mother’s occupancy in the house caused “domestic strife” and that removing her from the house was necessary to protect the children and father.In this case, the wife had numerous unexplained absences for periods of time. Although she claimed she was in alcohol treatment programs, this could not be verified. Judge Bruno ruled “based on the lengthy periods of time the defendant was living in an alternate residence, which was not necessary for her alcohol related problems, this court finds such a time away from the martial residence to be voluntary on the part of the defendant.” Judge Bruno further stated, “as part of the foregoing, it is not necessary for this court to opine upon whether the time period defendant was absent from the marital residence for alcohol related therapy was considered voluntary”.Counsel for the wife claimed that she was only out of the house due to participating in therapy programs related to her alcoholic condition. Judge Bruno did not buy this argument. The father was given the custody of his children and the mother received visitation with the children.

Fathers’ Rights

Fathers have equal rights to live in their homes. It is common for women in divorce situations to bring applications for orders of protection to throw fathers out of the house for the purpose of obtaining exclusive occupancy of the household. This puts fathers in a very difficult position when arguing for custody of their children.

Mothers sometimes are also involved in parental alienation. They try to turn the children against their fathers. The bad-mouthing of the father to the children can create parental alienation syndrome in the children.

Fathers need to be protected. At the Law Office of Schlissel DeCorpo, we have been protecting fathers for in excess of thirty years. Should you have issues involving divorce, orders of protection, child custody, visitation, paternity, parental alienation or parental alienation syndrome, call us at 1-800-344-6431 or contact us by email. We can help you!

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

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