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What to do and What not to do If You’re Getting Divorced

Getting divorced is not fun. It can be one of the most stressful times in men and women’s lives. Even in amicable situations, men and women tend to find themselves being stressed out. Divorce involves an emotional break up as well as a financial break up. Issues involving custody and visitation of children can be gut wrenching. There are things that you should do and that you should avoid doing that may make your divorce less antagonistic and stressful.

Don’t Do The Following

Don’t decide to take a job in another state or move out of the country until all aspects of your divorce are resolved. Avoid violating temporary custody or temporary visitation arrangements. If you don’t comply with the temporary custody or visitation arrangements, you may not be able to obtain permanent custody. Do not hide your assets, or lend your assets to your friends. You’ll find this is counter productive and may lead to large legal fees to straighten out these issues.

Hire An Attorney

Only a fool would represent himself or herself in a divorce. The laws in the State of New York are complicated and the legal system is full of problems for the unweary.

Things To Do When You’re Divorced

Try to be reasonable! Take into consideration your spouses point of view. Cooperate with your lawyer and the court. Be prepared to make reasonable compromises.

You should provide child support to your children during the divorce process. Divorce is a process where adults break up a relationship. Children are the innocent victims in divorces. Try to avoid having your children pick sides as to who is right and who is wrong.

When you’re visiting with the children, let your spouse know where the children are. See to it that the children can maintain reasonable telephone communication with the other parent when they are in your company.

Create a list of your assets and property and disclose them all to the other side. If you seek to hide your assets or engage in financial deception, you can end up litigating your divorce again and again in the future.

Maintain an appropriate level of communication with your lawyer. Don’t be afraid to ask him or her questions. The lawyer works for you! His or her job is to help you. If you feel you do not understand the divorce process, have the attorney explain it to you.

Father’s Rights Lawyers

Elliot S. Schlissel, Esq. and his associates have been representing fathers in divorce and family court proceedings for more than 30 years. The firm deals with issues involving orders or protection, paternity, child abuse defense, CPS and ACS problems, child neglect issues, child support, child custody, visitation and spousal maintenance (alimony). The firm handles no fault divorces as well as fault divorces. Issues involving attorneys fees in divorces are expertly handled by the firm. In the appropriate situations, the firm obtains annulments for our clients.

Issues involving grandparent’s rights, equitable distribution and relocation problems are dealt with on a regular basis by the firm.  One of the more difficult issues we have developed in expertise is that fathers face is parental alienation of the fathers by mothers that create parental alienation syndrome issues for their children. Call for a consultation regarding any of the aforementioned issues.

Halle Berry’s Custody Issues

Halle Berry was married to Gabriel Aubry. They have a daughter named Nahia. Halle Berry is an oscar winning actress. She has been engaged in a custody fight over her two year old daughter Nahia.

Halle has dropped out of a broadway play due to custody issues. She had been scheduled to make her broadway debut in September. The play was called the Mountain Top. Samuel L. Jackson is portraying Dr. Martin Luther King in the play. Halle was to portray a maid at the Lorraine Hotel in Memphis where King was the night before he was shot.

Nasty Custody Battle

Halle has been involved in a nasty custody battle with her ex partner Gabriel Aubry. The couple initially split up in 2010.

Halle Pulls Out of Movie Entitled New Year’s Eve

Halle Berry has also dropped out of a movie entitled New Year’s Eve. She blamed her pending custody litigation involving her daughter for her dropping out of this film.

She has recently claimed she has been unable to amicably resolve her custody issues with the child’s father Gabriel. A representative for Halle Berry has stated “she has serious concerns for her daughter’s well being while in the care of her father for any extended period of time and is prepared to take all necessary steps to protect her.” Is the real issue that Nahia’s father Gabriel Aubry is the parent who spends the majority of the time meeting the child’s needs while Halle pursues her career. It appears that Gabriel spends a majority of the time taking care of this child, while Halle is off making movies and appearing in other productions.

Father’s Rights Lawyers in New York

Children have two parents, a father and a mother. Under New York Law they have equal rights to custody and visitation. We are father’s rights lawyers. We litigate issues on behalf of fathers involving divorce, orders of protection, child custody, child visitation, child support, spousal maintenance (alimony), child abuse defense, paternity, no fault divorce and issues involving attorneys fees in divorces. We also assist our clients in obtaining annulments and dealing with parental relocation problems. We negotiate separation agreements, pre nuptial and post nuptial agreements for our clients. We represent fathers in cases in Nassau County, Kings County, Queens County and the rest of the Metropolitan New York area. Call for a free consultation.

Father’s Conduct Not Contemptuous

A proceeding was brought by a mother in Nassau County Supreme Court by Judge Falanga to hold her children’s father in civil contempt. The mother alleged the father, who was awarded custody of their child, had refused to make reasonable accommodations related to her Orthodox Jewish religious practices. She argued that her Orthodox Jewish observence requirements prevented her from driving to pick up and drop off the child. She alleged there were numerous Jewish holidays that fell on her Wednesday visitation days.

Prior Court Order

Judge Falanga took note that there had been a previous order making the father aware of the importance of maintaining a relationship between the mother and the child. However, Judge Falanga did not grant the mother’s application to find the father in contempt. The father suggested that an alternative to the Wednesday visitation, the mother have visitation with the child on Tuesdays. He claimed the mother refused to accept his offer of Tuesday visitation.

Judge Falanga found that although the father’s actions disrupted the visitation routine between the mother and the child his conduct did not rise to the level of being contemptuous. He stated “while visitation was a most precious right the child corresponding need to have normal socialization and age appropriate activities could not be held hostage to a very occasional and intermitant inability of the mother to visit. The mother’s motion to hold father in contempt was denied. Hooray for Judge Falanga!

Fathers’ Rights Law Firm in Nassau County

We litigate all types of father’s rights issues. We represent fathers in Nassau County, Kings County, Queens County and throughout the Metropolitan New York area. We litigate equitable distribution issues, spousal abuse, child support, child visitation, child custody and orders of protection. We protect our clients from allegations of child abuse.

We fight paternity proceedings in the family court. We deal with parental alienation and parental alienation syndrome cases. When the mother seeks to relocate the children making it difficult for fathers to have visitation, we litigate relocation problems. In amicable situations we negotiate separation agreement for our clients. When our clients lose their jobs or have reductions in their income we bring proceedings to reduce their child support obligations. We’re a full service father’s rights law firm. Our experience in the father’s rights area can help you in your case. Call us for a free consultation.

Father Not a Danger to His Children

James C. was convicted in 2007 of patronizing under age prostitutes. As a result of this conviction, a Dutchess County Social Worker and Family Court Judge had him removed from his home in Poughkipsee for a period of three years.

James, he spent a year in jail. After spending a year in jail he plead guilty in New York County to second degree rape of a 14 year old. He also pleaded guilty to patronizing a seventeen year old prostitute.  The Appellate Division (an Appeals Court) reversed the Family Court ruling in 2010 that prevented him from seeing his children. By that time his wife and four children had moved to Canada.

New York Court of Appeals

James C. told New York’s highest court that he did not present a danger to his children. He argued that the County Officials were mistaken when they reached a conclusion that allowing him to return home from jail would constitute child neglect by him and his wife.

James is currently waiting for a decision from the Court of Appeals as to whether he can see his children.

Fathers’ Rights Attorneys in New York

The Law Offices of Schlissel DeCorpo have been protecting father’s rights for more than thirty years. We litigate divorce proceedings, orders of protection, child abuse and child neglect cases, ACS and CPS child abuse allegations and we actively litigate all types of child abuse defense work.

We also represent our clients in no-fault divorces, regarding paternity issues, child custody, child visitation, child support and spousal maintenance (alimony) issues. Feel free to call us for a free consultation.

Spousal Maintenance Award is Fair

sousal-150x150 Justice Janowitz, sitting in the Supreme Court located in Nassau County,  New York, recently made a decision in the case of Jill G. vs. Jeffery G,  202923-10 (March 18th). The wife in this case claimed that the  temporary, non-taxable maintenance payments she was receiving were  inadequate. The wife was receiving $10,783 per month. This award was  based on the presumptive amount of maintenance that has to be paid by one spouse to another, which maintains a current cap on only the first $500,000 of annual income. The wife claimed that the presumptive award was inadequate. She claimed that she had a child with physical disabilities. Her child had additional medical expenses, she claimed, due to these disabilities. Judge Janowitz carefully looked at the wife’s net worth statement (financial statement). He stated his opinion that this net worth statement did not reflect that there were extraordinary expenses that the wife was facing. He also found that the wife had received $450,000 in an infant compromise related to a personal injury award for this child.

The court stated in it’s decision that under New York Domestic Relations Law section 236B(5-a), the “pendente lite” (pending litigation) of spousal maintenance awards must comport with the new guidelines issued on October 12, 2010. To convince a court to deviate from these guidelines, the court must find that the pendente lite maintenance amount was unjust or inappropriate. In this case, Justice Janowitz felt that $10,783 per month in non-taxable pendente lite maintenance is a fair and reasonable award. Fathers’ rights were preserved in this case!

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NY Fathers’ Rights

Fathers have legal rights in matrimonial and family law proceedings. We aggressively protect fathers’ rights. We litigate all aspects of divorce proceedings. We represent fathers involving orders of protection, child custody matters, child visitation proceedings, child support proceedings, spousal maintenance proceedings (alimony), as well as child abuse and child neglect proceedings. We bring proceedings to reduce child support when fathers have had a reduction in their income or a loss of their job. We present defenses to child abuse cases. We litigation paternity related proceedings. In addition, we represent fathers concerning equitable distribution of assets, as well as negotiating separation agreements. Call us for a free consultation. We are available seven days a week. Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802.

Father in Jail Trumps Custody Order. Mother can Leave the State.

father1-150x1502Last March, Judge Posner, sitting in the Family Court of Duchess County, ruled that a woman whose ex-husband had been in and out of jail since approximately 2003, and in addition had alcohol related problems, could leave the state with her nine-year-old son. She could take this action in spite of the fact that she had signed a custody order barring her from removing the child more than 25 miles from her residence without giving ninety days notice to the father.

Mother Wants to Move to North Carolina

The mother was a nurse. She wanted to relocate to North Carolina. She had a support system in North Carolina. Her parents were there. She felt moving to North Carolina would improve her financial condition and allow her to spend more time with her son.

She brought a proceeding before family court Judge Posner in Dutchess County. She claimed that she had an untenable financial situation. The father had not participated in raising the child or supporting the child since 2006. Judge Posner took into consideration the father’s long periods related to his incarceration. He also stated that he had failed to support his son or be involved in his son’s life. In her application, Mom advised the judge that relocating would allow her to work less hours and earn a similar salary, and spend more quality time with her son.

Relocation Issues

It was the father’s contention that the mother did not present sufficient evidence to support her position. Although the father didn’t deny his alcohol problems and incarceration had kept him away from his son, he expressed a desire to maintain a relationship with his son.

Best Interests of the Child

Judge Posner ruled that the mother had shown, by a preponderance of the evidence, that her relocation would be in the best interest of the child and therefore she was justified in modifying the custody agreement. The Judge also stated he was “confident” the mother, if permitted to move, “will take steps to encourage a meaningful relationship” between the father and his son.

The attorney for the mother was interviewed after the decision. She stated, “that this ruling stands for the proposition that having an addiction isn’t an excuse for failure to observe your parental obligations.”

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Long Island Fathers’ Rights Lawyers

Fathers have rights that need to be protected. Cases involving child abuse and child neglect are sometimes brought as a cover to obtain custody for the mother. Child Protective Services and Administration for Children’s Services problems can have an impact on a father obtaining custody or visitation with his child. Fathers who are paying child support and are downsized need representation to reduce their child support obligations. Children can be turned away from their fathers due to parental alienation syndrome caused by one parent alienating the child from the other parent by bad mouthing the other parent in the child’s presence. Issues involving paternity, child support and child visitation also acquire aggressive representation. Feel free to call our law office for a free consultation.

When Do You Get the Engagement Ring Back?

ringIn a case this past summer, Justice Dickerson, a Supreme Court Judge sitting in Rockland County, New York, ordered a Hassidic woman to return a hundred-thousand dollar engagement ring to her betrothed. The man claimed he didn’t know when he gave her the ring at a religious wedding ceremony that she was still married to someone else. The woman appealed this decision. The Appellate Division of the Second Department held that this was a question of fact as to whether he knew she was married or not and it should have been decided after a trial, not on a motion for summary judgment. New York Civil Rights law section 80-b deals with the return of engagement rings. Larry Lipschultz gave his fiancee, Nadia Kinderman, a six carrot diamond ring in the summer of 2006. Thereafter, the Hassidic couple were married in an Orthodox Jewish wedding ceremony. Thereafter Mr. Lipschultz learned that his wife never obtained a civil divorce from her first husband. To say he was unhappy about this would be an understatement. They separated on September 13, 2007, less then a year after they were married. Mr. Libschultz thereafter filed an action demanding either $150,000 in cash or the return of the ring. He claimed that, under New York Civil Rights Law section 80-b, he was entitled to the recovery of the ring given as an engagement present on the basis of being in consideration for marriage.  His wife claimed he knew all along she was still married and therefore she should be entitled to keep the ring. The issue presented was whether he knew that she was not legally divorced. If he had knowledge of this, then the court could be justified in allowing his wife to keep the ring. The moral to this story is don’t buy a six carrot, $100,000 to $150,000 engagement ring. Two carrots would have been more than enough!

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Fathers’ Rights Lawyer

We negotiate pre-nuptial and post-nuptial agreements for our client. In cases where our clients are professionals, have assets or have been previously married, we aggressively litigate all issues dealing with our clients’ high net worth statuses. We also deal with obtaining child custody for our clients. When our clients solely seek visitation, we see to it that they have liberal visitation. Child support and spousal maintenance issues (alimony) are significant issues that must be dealt with in all divorces. We see to that our clients’ rights are protected concerning these issues. Should allegations of domestic violence arise, we very aggressively litigate these issues and protect our clients’ rights and privileges. We also deal with issues concerning paternity, relocation problems, parental alienation and parental alienation syndrome issues. We also try to avoid litigation and negotiate separation agreements for our clients. Sometimes grandparents are cut off in divorces. In these cases, we litigate grandparents’ rights issues for our clients. Call us for a free consultation.

President Obama Focuses on Women’s Rights Issues

President Obama has recently spoken with regard to women’s rights issues. Women today are more likely to graduate from college than men. Statistics show that they still earn less money, on average, than men. Studies also show that the financial circumstances of women are generally not up to the same standards as that of men.

The President recently stated, “achieving equality and opportunity for women isn’t just important to me as president, it’s something I care about deeply as the father of two daughters who want to see his girls grow up in a world where there are no limits to what they can achieve.”

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Gender Discrimination

When President Obama was first elected, he signed legislation allowing women who have been discriminated against concerning salaries from their employers to have access to the courts for legal redress. When the United States Senate blocked action on a proposal to treat gender discrimination involving salaries in the same manner as racial, disability and age discrimination, President Obama indicated he was sadly disappointed.

The President said, “at a time when folks across the country are struggling to make ends meet – and many families are just trying to get by on one paycheck after a job loss – it’s a reminder that achieving equal pay for equal work isn’t just a woman’s issue, it’s a family issue.”

Paycheck Fairness Act

Republicans and various business groups oppose the Paycheck Fairness Act. They claim it would cause employers to face more litigation by removing limits concerning punitive damages and monetary damage awards.

Fathers’ Rights in the Family Court

In the Family Court in the state of New York, the laws are gender neutral. Both men and women are supposed to be treated equally. However, my experience is that sometimes there is an unequal treatment of men and women. Men are sometimes treated unfairly in the Family Court and in the Supreme Court concerning divorce related issues. Our law office has been protecting fathers’ rights for more than thirty years. We litigate issues involving Child Protective Services and Administration for Children’s Services problems. We deal with child abuse and child neglect proceedings, spousal maintenance issues, child support, paternity, child custodyvisitation with children, orders of protection and all other divorce and Family Court issues. We take fathers’ rights seriously! 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.

Non-biological Gay Father Prevails Against Biological Father

same-150x150This is the story of a complicated, unique case decided by the Texas Court of Appeals. Two men first travel to Canada and thereafter to California for the purpose of creating a legal gay union. A surrogate was hired who bore a child for one of the gay men. A proceeding was brought in the State of California to establish both gay men as legal parents of the child. A lawsuit was brought in the State of Texas to dissolve the marriage. However, since Texas didn’t recognize the marriage, they couldn’t dissolve it. Texas courts will not acknowledge same sex marriages from other states.

California Parenting Judgment

In the State of California, the two men were considered legal parents of the child. They obtained from California a pre-birth declaration of parentage. This is pursuant to the Uniform Parentage Act, which is a valid statute in California. This is a legal device designed to allow gay couples to use a surrogate and have both men be designated as a parent of the child. This unusual statute created difficulties when the two men broke up.

Break-up for Gay Couple

Although break-ups between heterosexual couples can be complicated and nasty, the break up of two male parents of a child is both unusual and involves complex legal issues. In this case, the biological parent, after the break-up, claimed that the non-biological parent had no parental rights. The Texas Court of Appeals disagreed with the argument of the biological parent. They found that under the Uniform Parentage Act, both parents had equal rights similar to a heterosexual couple.

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Fathers’ Rights Attorneys In New York

The Law Offices of Schlissel DeCorpo has been defending fathers’ rights in matrimonial and family law cases for more than thirty years. We litigate issues such parental alienation, parental alienation syndrome, relocation problems, equitable distribution of assets in divorce, child abuse defenses and prosecutions by Child Protective Services (CPS) and Administration for Children’s Services (ACS) for child abuse.

In divorce cases, we assist our clients concerning child custody, child visitation, child support and spousal maintenance (alimony) issues. If our clients are charged with domestic violence, we litigate the orders of protection that are taken out against them by their spouses. When fathers have financial difficulties, we bring downward modification of support proceedings. We also litigate the issue of paternity on behalf of our clients.

Call us for a free consultation. Our office numbers are 1-800-344-6431, 516-561- 6645 and 718-350-2802. Our phones are monitored 24/7.

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