From Cartoon Network To LI Legal Workshop, Bullying Is Not Cool
May 26, 2010
(Great Neck, N.Y.)-The near epidemic incidence of school-related bullying and the tragic results that have occurred over the recent months is an alarming wake-up call to parents, educators, law enforcement and legislators.
Matrimonial attorney at Wisselman, Harounian & Associates, PC, Lauren Chartan, summarizes the impact of such bullying by stating: “The tragic consequences of childhood bullying have captured the attention of our nation in recent months. We have, as a society, had to endure the truths about what children are capable of doing to each other.”
On June 4, 2010, The Law Firm of Wisselman, Harounian & Associates, P.C. will conduct a Legal Workshop for Mental Health professionals, school psychologists and administrators to address the dynamics of bullying, what steps may be taken to control it inside and out of the school, and specific case studies of bullying incidents. Discussion will include legal recourses available.
Bullying presents itself in many ways and levels of intensity. Without question, it is a destructive form of behavior that is not only hurtful emotionally, but can be life-threatening. In whatever form, it is clear that steps must be taken to neutralize and stamp out the power of the bully. Ms. Chartan has stated that “Something must be done to assist children, the adults charged with their care and their parents, to become empowered to recognize and stop this form of abuse.” In response to the pressing need for education and action, Betty Gross, from Child Abuse Prevention Services (CAPS) will speak at the workshop about bully prevention programs for children, parents and professionals in the Long Island area.
The Legal Workshop for Mental Health professionals provided by The Law Firm of Wisselman, Harounian & Associates is conducted annually for interdisciplinary professionals to provide insight about various legal issues which can help them assist their patients, students, and community. This year’s topics will also include negotiating custody & visitation agreements. Currently over 200 attendees are expected.
Our registration for this workshop has doubled over last year’s attendance because of the concern everyone has about this topic: politicians, teachers, parents, coaches and mental health professionals. Everyone is asking the same question, how can adults best help children to win the fight against bullying. The issue of bullying is even being addressed by the Cartoon Network, which is beginning a campaign in the fall to help combat bullying that is targeted to middle schoolers. It will address how bystanders can help by not staying silent.
The Law Firm of Wisselman, Harounian and Associates was established in 1976 and is dedicated to serving Long Island, Queens and Metro New York clients and the community on legal matters that arise during the course of raising a family and growing a business. It is the firm’s purpose to help protect clients’ legal interests throughout the many phases of their family lives. This can include handling matrimonial or family law concerns, buying or selling a home, running a business, and estate planning. www.lawjaw.com
Long Island Law Firm Welcomes New Attorney
April 19, 2010
(Great Neck, N.Y.) - The Law Firm of Wisselman, Harounian & Associates, P.C. in Great Neck welcomes Lauren Chartan. She will practice in Matrimonial, Family Law and Civil Litigation for the firm.
“Lauren’s extensive litigation and trial experience, coupled with her knowledge and training in family law provides her with valuable insight into handling the complexities of the matrimonial and family law matters that come into our office”, said Jerome Wisselman, Senior Partner of the firm. “She will contribute greatly towards our commitment to providing the highest quality legal services and protection for our clients.”
Previously, Ms. Chartan was a Deputy County Attorney for the Office of the Nassau County Attorney, and a Senior Trial Attorney for the Legal Aid Society. She received her Juris Doctor from the New England School of Law, and subsequently completed her Master of Laws in Family Law at Hofstra University. She is admitted to practice in the state of New York.
The law firm of Wisselman, Harounian and Associates, P.C. was established in 1976 and is dedicated to serving Long Island, Queens and Metro New York clients and the community on legal matters that arise during the course of raising a family and growing a business. It is the firm’s purpose to help protect clients’ legal interests throughout the many phases of their family lives. This can include handling matrimonial or family law concerns, buying or selling a home, running a business, and estate planning. Founder and senior law partner Jerome A. Wisselman is a 2009 Super Lawyer, an honor bestowed on only 5% of attorneys in the Metro New York area. See www.lawjaw.com for more information about our attorneys and our law firm.
Cheating Is Only A Few Clicks Away From New York Divorce Court And The Evidence Is Indisputable
March 26, 2010
(Great Neck, N.Y.)-Is cheating a new epidemic? Are more ‘starstruck’ cheaters imitating celebs? It seems not a week goes by without the news of a married celebrity or public figure committing adultery, the most recent spouses of these alleged adulterers being Oscar winners Sandra Bullock and Kate Winslet.
According to Great Neck Family Law attorney Jacqueline Harounian, “There is an increased trend in the NY Metro area and Long island cases where cheating spouses are ‘getting busted’ for online infidelity. Moreover, the news cycle and social internet boom is revealing and spreading this information faster than ever before, making it easier to get caught and easier to prove in Court. With the advent of cell phones, email accounts and social networking sites, there is a plethora of evidence available that a spouse is engaging in another relationship. All of these mediums leave a technological ‘paper trail’ that can be easily found and used as evidence”.
Firm Founder and Sr. Partner Jerome Wisselman adds, “Thanks to these omnipresent technologies, virtually every matrimonial and custody trial features the submission of evidence from these sources. The evidence can be used to portray the other party in a very damaging light. Sometimes the evidence can make or break the case. If a spouse is cheating, chances are that evidence can be found on the cell phone bill or online email account.
Increasingly, ‘Facebook evidence’ is one of the first clues that the marriage is in trouble. Many married people secretly spend time on Match.com and JDate, looking for new friends and relationships. Other social networking sites such as “Classmates.com” and “LinkedIn” have tested marriages by causing parties to reunite and seek out friendships with former classmates and coworkers. Text messages, e-mails sent and received, and the hard drives of computers can be subject to subpoena and disclosure rules by the Court. Social host websites like Facebook, MySpace, and Twitter all leave a trail of technology evidence. People do not realize the evidence is stored there and it can be found months and even years later. Forensic experts can evaluate GPS tracking devices after the fact to disprove a party’s testimony about their whereabouts”.
Ms. Harounian explains, “We recently had a Long Island man come to our office because he just discovered that his wife had changed her Facebook status from ‘married’ to ‘looking’. He was suspicious about her faithfulness during their marriage but was somewhat in denial until he saw this changed Facebook status staring at him. He also noticed that his photos had been removed from his wife’s Facebook. At that point, he realized it was time to consult with an attorney”.
In a custody case, “[i]f a person is prone to sending impulsive emails and texts, ranting and raving at the other parent, third parties, or their own child, they run the risk of losing custody.” Family Law attorney Jacqueline Harounian goes on to say “The evidence can include text messages, photos and negative emails. Also potentially harmful are blog postings, video and voice mail recordings.” (a la the highly publicized voice mail message Alec Baldwin left for his daughter).
In divorce cases in New York, adultery is among the grounds for divorce needed to commence an action. In other states, where grounds for divorce are not required, cheating is categorized as ‘marital fault’. According to attorney Jacqueline Harounian, “Marital fault is not a factor in the court’s determination of custody issues or financial issues in most states, including New York. However, infidelity can still play a huge role in the matter. The wronged spouse may feel intense anger and spite at being cheated upon. Unresolved anger quickly leads to a breakdown in communication, and often, causes parties to litigate their divorces, rather than attempt to mediate a resolution.”
Victims of infidelity often have a strong emotional and psychological need for actual proof of the cheating. Cheaters are known to deny infidelity in the absence of actual proof. In years past, wronged spouses would hire private investigators to do surveillance on the cheaters, so that they would have certainty that their spouse was having an extramarital relationship.
Today, proof of cheating is only a few clicks away.
The law firm of Wisselman, Harounian and Associates, P.C. was established in 1976 and is dedicated to serving Long Island, Queens and Metro New York clients and the community on legal matters that arise during the course of raising a family and growing a business. It is the firm’s purpose to help protect clients’ legal interests throughout the many phases of their family lives. This can include handling matrimonial or family law concerns, buying or selling a home, running a business, and estate planning. Founder and senior law partner Jerome A. Wisselman is a 2009 Super Lawyer, an honor bestowed on only 5% of attorneys in the Metro New York area. See www.lawjaw.com for more information about our attorneys and our law firm.
Pre Separation And Divorce Legal Clinic Opens
February 17, 2010
(Great Neck,N.Y.)-The law firm of Wisselman, Harounian & Associates, PC is offering pre separation and divorce legal clinics to help members of the local community contemplating a separation or divorce or who have been told that their spouse is considering one. This is a very difficult and confusing time in someone’s life and people have many unanswered questions. With the difficulties of the current economy, it is even more traumatic, as people are concerned about their jobs, their savings and retirement plans, the value of their house and current debt. People going through marital problems may anticipate the legal turmoil ahead but may not be sure how to be better prepared. “Financial stress is a precipitating factor behind many divorces. We can help to alleviate some of the stress of not knowing what to expect from the divorce process itself.” explains Jacqueline Harounian, law partner at Wisselman, Harounian & Associates, PC who will be facilitating these meetings. Ms. Harounian is very knowledgeable and compassionate, with years of experience in these matters. There is no cost for this legal clinic and everyone is invited to attend.
The goal of this legal clinic is to help participants address their concerns and questions about the financial and legal implications of divorce and separation. It will help address questions about mediation, custody and visitation, how divorce affects children, supervised visitation, what happens in court and what happens out of court, downward modification and how to protect oneself.
This separation and divorce legal clinic will meet on the first and third Thursday of each month from 6:00 to 7:30 PM at 1010 Northern Blvd, Suite 300, Great Neck, slightly west of Community Drive. RSVP at www.lawjaw.com or 516-773-8300.
The law firm of Wisselman, Harounian and Associates was established in 1976 and is dedicated to serving Long Island, Queens and Metro New York clients and the community on legal matters that arise during the course of raising a family and growing a business. It is the firm’s purpose to help protect clients’ legal interests throughout the many phases of their family lives. This can include handling matrimonial or family law concerns, buying or selling a home, running a business, and estate planning.
Grandchildren And Grandparents When Grandparents Become The Parents
January 22, 2010
(Great Neck,N.Y.)-Over the past twenty (20) years, our law firm has been actively involved with grandparent issues. Grandparent and grandchildren have a special relationship – bringing enormous joy. Sometimes however, there is a disagreement within the family or the parents get divorced and grandparents suddenly find themselves unable to spend time with their grandchildren. As a result, grandparents may decide to seek visitation, and in extreme cases, custody of a grandchild.
Over the years, our attorneys have been guest speakers on grandparent’s issues and have been consultants to various grandparental organizations, and have participated in lobbying efforts and legislative efforts on behalf of grandparents.
Below are some of the common questions asked by grandparents with regard to these issues.
Q.What can I do if my children will not let me see my grandchildren?
A.Sometimes another family member can help work out the problem if the grandparent cannot work it out directly with the parent. You may want to try this first. Another option is to find an experienced family attorney to discuss bringing a petition (request) for visitation.
Q.How are my visitation rights different from a non-custodial parents visitation rights?
A.The US Supreme Court has held that parents have a superior constitutional right to the care and control of their children over any other person, including the grandparents. A fit parent seeking visitation of his or her child has a far greater right to visitation than any other family member. A grandparent may or may not get an order of visitation. If a grandparent does get such an order, the periods of visitation will be much less than a parent in frequency and time.
Q.What can I expect if a court gives me visitation?
A.If the judge directs visitation, the grandparents and the parents will get a signed order that describes in detail when and where the visits will take place. This signed document is known as a visitation order. The law requires that the grandparents and the parents do what the order states.
Q.If I fight for custody of my grandchild, will the child have to testify in court against the parents?
A.In custody cases it is rare for the Courts to permit children to testify because they want to shield the child from any adversarial environment. Ordinarily, if the Judge wants to hear from the child, the Court will conduct an in camera review, otherwise, known as a Lincoln hearing. This interview is conducted in private in the Judge’s chambers and must be recorded but will not be used in an open courtroom. Generally, the only other person permitted to be present at the interview besides the Judge and the child is the child=s law guardian who is a lawyer assigned to represent the child, and the court reporter. Prior to the interview, the parties are most often permitted to submit proposed written questions for the Judge to use prior to the interview. After the interview, and the trial, the Judge will carefully consider all the testimony and the evidence, including the record of the interview, to make a custody decision.
Q.What if there is a medical emergency before I am awarded custody?
A. If the grandparent has a medical emergency before he or she is awarded custody which prevents him or her from being able to adequately care for the child, then it is unlikely that he or she will be awarded custody until he or she fully recovers.
Q.If I get visitation rights, what will happen if my child moves out of state?
A.The grandparent may seek to stop the relocation in Court but this sort of request is rarely granted if a grandparent has an order of visitation and the parent wishes to relocate the child. The Order is entitled to be enforced, in some reasonable fashion, in the state to which the parent relocates.
Q.What is the legal threshold to award visitation of a child to a grandparent?
A.There are two steps. One is to show the grandparent has “standing”, which can result from death of a parent, or an established relationship between the grandchild and grandparent. Second, is to show it is in the grandchild’s best interests for the visitation to be ordered.
Q.What is the legal threshold to award custody of a child to a grandparent?
A.There are extremely limited circumstances for awarding custody to a grandparent. This is also a two step procedure. The first is to show that extraordinary circumstances such as extended disruption of custody by the parent (usually 24 months or longer) with the child living in the grandparent’s home, or abandonment, persistent neglect and unfitness of the parent. The second step is to show that it would be in the best interests of the child to be in the custody of the grandparent.
The above information was prepared by Jerome A. Wisselman, founder and senior law partner at Wisselman, Harounian & Associates, P.C. You can reach Jerry Wisselman. at jerry@lawjaw.com and you can learn more about Jerry and the law firm at www.lawjaw.com if you have any questions or would like additional information.
The law firm of Wisselman, Harounian and Associates was established in 1976 and is dedicated to serving our Long Island and Metro New York clients and the community, here to assist with legal matters that come about during the course of raising a family and growing a business. It is the firm’s goal to develop long-term client relationships, during which they can help protect clients’ legal interests throughout their many phases of life. This can include handling matrimonial or family law concerns, buying or selling a home, running a business, or estate planning.
Divorce Attorney Applauds David Goldman Efforts
December 23, 2009
(Great Neck,N.Y.)-Jerome A. Wisselman, Senior Law Partner and Founder of Wisselman, Harounian & Associates, P.C. and law partner Jacqueline Harounian have been closely following the efforts of David Goldman to secure the return of his nine year old son, Sean Goldman from Brazil to the United States so that the father and son could be reunited and live together. Mr. Wisselman respects the fact that David Goldman continued to try to see his son and never gave up his five year battle to bring Sean home to New Jersey. Moreover, David Goldman does not bad mouth the stepfather with whom Sean has been living, even though the stepfather has even gone so far as to take Sean into hiding. Even now, after all the turmoil, according to news reports David Goldman has assured the stepfather that he can visit Sean in New Jersey if he would like. This is more than David Goldman has been allowed over these painful years of legal wrangling.
David Goldman has been trying to obtain custody of his son since Sean’s mother “kidnapped” him at the age of four, when she pretended to go on vacation while never really planning to return to the United States. Sean’s mother, Bruna Bianchi arrived in Brazil and quickly divorced David Goldman, sought and won custody of their son in Brazil. In August, 2008 Bruna Bianchi died in childbirth and Sean has been living with his stepfather, a family law attorney in Brazil.
David Goldman went to the courts in New Jersey and obtained custody of Sean Goldman in August, 2004. This action makes sense based on the events that had taken place up to that point. According to the Hague Convention guidelines, at that time Sean Goldman should have been returned to New Jersey to determine custody of Sean as well as determining visitation and support matters.
Brazil’s government and courts choose to ignore the Hague Convention in this matter. The Hague Convention prevents a parent from fleeing to another country with a child and not having to return. Otherwise, any child could be in danger whenever they leave the country for vacation or for any other reason.
The United States agreed that Brazil was in the wrong and even President Obama and Secretary of State Hillary Clinton were involved in trying to get Sean Goldman returned to his father. As early as 2005, even Brazil acknowledged that the child had been abducted wrongfully by the mother.
The latest turn of events unfolded today with the encouraging news from Brazil indicting that the Brazilian Supreme Court is in favor of uniting Sean with his natural father, David Goldman. News reports indicate the stepfather is choosing not to oppose this any further. At this point, the transfer of custody seems inevitable. The question is the length of the transition period until it is accomplished, which is likely to be decided on shortly.
Our firm has had several cases that involve the Hague convention. In one specific instance, as soon as a mother took the child to France, we invoked the Hague convention ruling and the child was returned to the United States. In another instance, the mother fled to Scotland and we invoked the Hague convention which brought the child back for a fair ruling. In Mr. Goldman’s case, the Hague convention should have helped him, but Brazil did not play fairly by the agreed-to rules.
We applaud Mr. David Goldman’s perseverance, dignity and resourcefulness. Many parents would have simply given up by now but Mr. Goldman brought his situation to the forefront: via the Internet, to politicians to friends and attorneys, to all who could lend a helping hand. He acted with restraint and kept his anger/frustrations in check despite the many frustrating years of legal proceedings.
While our law firm does not represent any of the parties in the David Goldman case, we have long been active in helping with Father’s Rights. This includes the handling of matters in litigation, as well as providing advice to local father’s rights organizations. Sometimes it has meant helping a father obtain custody in difficult circumstances (such as drug use or mental health issues), sometimes it has meant protecting a father against false accusations of domestic violence in the midst of a heated divorce, and sometimes it has meant helping fathers who have been the recipient of parental alienation.
The law firm of Wisselman, Harounian and Associates was established in 1976 and is dedicated to serving our Long Island and Metro New York clients and the community, here to assist with legal matters that come about during the course of raising a family and growing a business. It is the firm’s goal to develop long-term client relationships, during which they can help protect clients’ legal interests throughout their many phases of life. This can include handling matrimonial or family law concerns, buying or selling a home, running a business, or estate planning.
Jerome A. Wisselman, the senior partner and founder of Wisselman, Harounian & Associates, P.C. has been named by New York Super Lawyers magazine as one of the top attorneys in New York for 2009. Only five percent of the lawyers in the state are named by Super Lawyers. Wisselman, Harounian & Associates is one of the largest matrimonial law firms on Long Island. More information about Jerome Wisselman, Jacqueline Harounian and the law firm of Wisselman, Harounian & Associates can be found at www.lawjaw.com.
Could this matter have turned out differently? Some key questions involving this case might shed light on that.
• What could David Goldman have done differently before his wife relocated to Brazil?
• What could David Goldman have done differently after he learned his wife would not return to the US with the child?
• What was in the best interests of the child five years ago?
• What is psychologically in the best interests of the child now given that he has been living in Brazil for the past five years?
• Should the boy’s preference of where he wants to live outweigh what the legal process dictates?
• What would have happened if Bruna Bianchi had asked for divorce prior to her trip?
• Why has Brazil stood behind Bruna Bianchi and her attorney even though her actions go against the Hague Convention and the law?
• Why was David Goldman prevented from seeing his son when he first went to Brazil?
• Should others worry about a spouse visiting Brazil with their child?
• There are other children not being released by Brazil. Will this case have an impact on those other children?
• Is this an abduction or kidnapping case or really about custody?
• What would have happened if the mother had not died during child birth?
• Is the step-father raising the other child?
• What role does the family of Bruna Bianchi and Sean’s stepfather play in this matter?
• What will the future hold for Sean, his father David and his stepfather?
• Does a stepfather have legal rights of custody or visitation of a stepchild?
Please contact our law firm if you would like any additional information on divorce and custody or any family law issues.
Jon and Kate No Longer Make Eight
December 21, 2009
(Great Neck,N.Y.)-According to the TMZ website on December 16th, the arbitrator for Jon Gosselin and Kate Gosselin made his decision about dividing the money and other property and forwarded it to the divorce judge. The money and property allocation specifics remain confidential. TMZ was told that both Jon and Kate have consented to take the final step and plan to tell the judge to sign the papers and officially end the marriage.
What is interesting is watching how this process has affected Jon and Kate
differently and how they have reacted to this situation. There seem to be
some similarities about how women and men cope with divorce whether they are
celebrities of Jon and Kate’s magnitude or living a comfortable New York
lifestyle. Great Neck matrimonial and family law firm Wisselman, Harounian &
Associates law partner, Jacqueline Harounian (who does not represent either
party) states “I have definitely noticed the phenomenon of women who look
great following a separation/divorce (especially, if they have been in an
unhappy marital situation for a long period of time). Many women reconnect
with friends, and have renewed motivation to diet or experiment with a new
look. Most of all, they benefit from a more positive outlook and a fresh start.
Men, on the other hand, may no longer have the advantage of a spouse
preparing healthy meals, or helping them with their wardrobe. A diet with
more fast food and alcohol can quickly take its toll.”
Ms. Harounian goes on to explain that as far Jon and Kate go, public support
has definitely skewed in Kate’s favor, and there appear to be many and more
lucrative opportunities presented to her for the future. Jon, on the other
hand, appears to be sliding downward and his opportunities are quickly
evaporating.
The law firm of Wisselman, Harounian and Associates was established in 1976
and is dedicated to serving our Long Island and Metro New York clients and
the community, here to assist with legal matters that come about during the
course of raising a family and growing a business. It is the firm’s goal to
develop long-term client relationships, during which they can help protect
clients’ legal interests throughout their many phases of life. This can
include handling matrimonial or family law concerns, buying or selling a
home, running a business, or estate planning.
Jerome A. Wisselman, the senior partner and founder of Wisselman, Harounian
& Associates, P.C. has been named by New York Super Lawyers magazine as one
of the top attorneys in New York for 2009. Only five percent of the lawyers
in the state are named by Super Lawyers.
Wisselman, Harounian & Associates is one of the largest matrimonial law
firms on Long Island.
More information about Jacqueline Harounian, Jerome Wisselman and the law
firm of Wisselman, Harounian & Associates can be found at www.lawjaw.com.
New York Child Support Now Supports Higher Salaries
December 8, 2009
(Great Neck,N.Y.)-As of January 31, 2010, the legislature has amended the salary cap for child support that falls under the automatic percentage formula from $80,000, up to $130,000.
All families with a combined income up to this $130,000 cap will be subject to this standard formula for determining child support. For combined incomes over $130,000, the cap will be used up to the $130,000 portion of their income and the remainder of child support will be negotiated based on additional income.
Before the law was changed, if there is a divorcing couple with a combined income higher than $80,000, the amount of money above the cut off amount is negotiated separately and could result in many different outcomes. The goal is to have the additional salary divided in a similar proportion to the automatic percentage formula amount but this is not always easy to agree on by opposing attorneys and sometimes there are long term factors and complicating factors that make the formula lean one way or another.
The new amendment accomplishes raising the automatic formula dollar amount combined income cap to $130,000 to be more in keeping with current average salary amounts.
Jackie Harounian, law partner at Wisselman, Harounian & Associates states “In actuality, New York Courts in Nassau County, New York City and Westchester have been going above and beyond the $80,000 cap for quite some time. So the law is catching up with reality and cost of living increases especially in expensive areas of New York.”
The child support percentage is not changing. It remains at:
- 17% of the combined parental income for one child
- 25% of the combined parental income for two children
- 29% of the combined parental income for three children
- 31% of the combined parental income for four children
- no less than 35% of the combined parental income for five or more children.
There will be a child support standards chart published annually by the New York State Office of Temporary and Disability Assistance, Division of Child Support Enforcement. For a detailed, legal explanation of all factors used by the court in calculating a child support obligation, section 413 of the Family Court Act can be consulted.
The law firm of Wisselman, Harounian and Associates was established in 1976 and is dedicated to serving our Long Island and Metro New York clients and the community, here to assist with legal matters that come about during the course of raising a family and growing a business. It is the firm’s goal to develop long-term client relationships, during which they can help protect clients’ legal interests throughout their many phases of life. This can include handling matrimonial or family law concerns, buying or selling a home, running a business, or estate planning.
The Smart Divorce-It May Be Mediation
December 8, 2009
(Great Neck, N.Y.)- New York State may be the most expensive place on the planet to get divorced. This can be attributed to New York being the only remaining state still requiring grounds for divorce, or the fact that New York’s custody laws seem to encourage litigation, or the fact that licenses and degrees are classified as marital assets, which promotes even more litigation.
Lloyd Rosen, an associate attorney at Wisselman, Harounian & Associates P.C. will be offering a SMART DIVORCE workshop on January 28th from 6:00 PM to 7:30 PM at our office at no cost. This is a workshop designed to help a person considering a divorce to make it more affordable.
Wisselman, Harounian & Associates PC has begun offering mediation as one of its matrimonial and family law areas of practice. Wisselman, Harounian & Associates offers a free consultation in our office and one of the discussion points will be whether mediation may be a road a divorcing couple should explore based on their circumstances. For those who are unsure about whether to proceed or not because of financial reasons, this discussion may provide helpful pros and cons for mediation.
The Smart Divorce (whether seeking mediation or not) should be the goal for every couple facing the end of their marriage in today’s economic climate. In every net worth category and income level, families today are faced with declining home equity, shrinking 401k investments and depleting college savings. They are faced with job losses, loss of overtime income, and looming credit card debts. Just about everyone is concerned about saving money and assets during a divorce.
There are some conditions necessary in order to have a successful A Smart Divorce:
- the most important one is a commitment by both parties to give their full efforts to negotiate out of court settlement with the assistance of their attorneys. Litigation should never be an initial strategy, but a last resort. Grounds for divorce should be agreed to from the outset.
- Secondly, parties should devote their efforts to reaching a custody and visitation agreement which provides the least disruption to the children. Joint custody and joint parenting should be explored. With most households having two working parents, shared parenting is often in the best interests of the children, and attorneys can help their clients create a customized schedule to meet the needs of the whole family.
As to financial issues, it is extremely important for parties to be realistic about their expectations, and to follow the advice of their attorneys. This includes being up front about assets and income, and producing necessary documentation in a timely manner. With fewer resources at their disposal and a gloomy economic forecast, Alifestyle@ expenses such as vacations, private schools, tutors and camps must be looked at carefully and with a view to compromise. It is important to realize that many issues related to the children, including support and visitation are not Awritten in stone@, but may in fact be modifiable in Court after the divorce is settled, based upon a change of circumstances.
Regrettably, in some cases, an amicably settled divorce is simply not possible and litigation cannot be avoided. These include cases where there is abuse, domestic violence, mental illness, drug and alcohol issues, hidden assets or income, paternity issues, a family business, or separate property issues. It is also a challenge to settle a case when one party has completely unrealistic demands, anger, or a vindictive streak that gets in the way of negotiations.
The law firm of Wisselman, Harounian and Associates was established in 1976 and is dedicated to serving Long Island, Queens and Metro New York clients and the community on legal matters that arise during the course of raising a family and growing a business. It is the firm’s purpose to help protect clients’ legal interests throughout the many phases of their family lives. This can include handling matrimonial or family law concerns, buying or selling a home, running a business, and estate planning.
Parenting Coordination And How It Aids Custody And Visitation
October 13, 2009
(Great Neck,N.Y.)- Christie Brinkley and her ex-husband Peter
Cook are headed back to court over the custody issues of their two children. His attorney wants the court to appoint a parenting coordinator to help ensure Mr. Cook’s visitation rights.
Parenting coordination (”PC”) is an alternative dispute resolution process which is used in some matrimonial cases to assist “high conflict” parents in carrying out their family parenting plan. A PC is initiated by court order, and the parent coordinator must be approved by the court and the parties involved. Ultimately, the PC’s goal is to help resolve existing conflicts regarding the children, to protect and preserve healthy and meaningful parent-child relationships, and to help get this in action as soon as possible. Parenting coordination is not the same as a forensic
evaluation, nor is it connected with therapeutic supervised visitation or therapy in general.
In cases of divorce and custody, A PC can be instrumental in helping prevent parties from “destructive behavior toward each other and themselves.” LS v. LF, 10 Misc.3d 714, 803 N.Y.S.2d 881 (Sup. Ct. Kings County 2005). In LS v. LF, the Court stated that parent coordinators are appointed “to manage chronic, recurring disputes, such as visitation conflicts, and to help
parents adhere to court orders’ to protect the children of such parents.”
The Court also stated:
“The parent coordinator will be the neutral individual who can verify that the child understands the importance of visitation….the limits and plans for the visitations….and the efficacy of plans or alternative plans…. Visitation should be unhampered between parent and child, not based upon a qui pro quo and changes to a schedule should not be encouraged. Parents have right to know what time they are expected to assume their parenting roles and what time is available for them to enjoy time alone. Similarly, the child should know when she will be with each parent and what she will be doing during visitation. This will provide…a sense of regularity in the
process.”
From a logistics standpoint, the parenting coordinator acts as a buffer between the parents to pre-empt any disputes in visitation, including pick ups and drop offs, cancellations in scheduled visitations and holiday visits, as well as other child-rearing issues, including but not limited to health care and educational decisions, religious observations, travel and vacation arrangements, clothing and personal possessions of the child, communication between parents and by specific parents with the child, and contact with extended families.
A number of requirements for serving as a PC are set forth by the courts, including:
- Having training and experience in family mediation and professional interaction with high conflict families
- Being a licensed mental health professional or licensed attorney with experience in an area relating to families, or a certified family mediator with an M.A. in a mental health field.
- Remaining impartial and committed to helping all parties, not just a particular individual
The PC’s primary functions include:
- Assessing the situation by reviewing all records, interviews with parties, court orders, educational records, etc.,
- Educating the parties about aspects of parenting, child development, communication and conflict resolution skills,
- Acting as coordinator between all professionals and other systems involved (e.g., mental health, social services, education, legal, etc.),
- Providing a conflict resolution function,
- Making certain decisions when parents cannot decide or agree on their own, as ordered by the court.
The Parenting Coordination process can be a win-win situation for the children, their parents and the courts. It helps protect the child’s best interests, enhances their confidence and self esteem by creating a more positive family atmosphere, and increases the likelihood of keeping two parents active in the child’s life. It also provides the Court a complete view of the family situation by monitoring parental compliance with the court orders. In the long-term, this provides faster and more reliable resolution of high-conflict matters, and reduces the number of litigated cases and their associated costs.
The above was prepared by Eyal Talassazan, an attorney at Wisselman, Harounian & Associates, P.C. You can learn more about Mr. Talassazan and our law firm by visiting www.lawjaw.com.
