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.
Formal Recognition Of A New York Super Lawyer
October 6, 2009
(Great Neck, N.Y.)- Jerome A. Wisselman 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.
Jerome “Jerry” Wisselman founded Wisselman, Harounian & Associates, P.C. in 1976. In addition to Jerry’s own background in accounting and tax law, he built a community practice composed of multi-disciplined attorneys highly experienced in the areas of family law, real estate law, and business and estate planning. The firm is now recognized as among the largest matrimonial firms on Long Island by Long Island Business News.
Mr. Wisselman is on the Board of Editors of the New York Family Law Monthly, where he is a regular contributor. He created and conducts legal workshops for mental health professionals, enabling them to better assist patients going through matrimonial litigation. He has also lectured on and written about grandparental matters for the New York State Bar Association, and has contributed to legislative efforts in this area of law.
The selections for Super Lawyers are made by Law & Politics, a division of Key Professional Media, Inc. of Minneapolis, MN. Each year, Law & Politics undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the Law & Politics’ attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check.
Super Lawyers can be found online at superlawyers.com, where lawyers can be searched by practice area and location.
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.
National Grandparents Day Is Cause for a Real Celebration
August 31, 2009
(Great Neck, N.Y.) September 13th is a special day for most families as they celebrate National Grandparents Day. It is celebrated the first Sunday after Labor Day in the United States and Canada.
The kids may make hand drawn cards, the parents are thankful for the help and advice the Grandparents provide and the Grandparents enjoy watching their grandchildren grow up and are glad to volunteer to babysit and love to cheer for their grandchildren’s Little League team or watch their first concert performance. For some families, this day takes on an extraordinary meaning because they have not been able to celebrate this day in previous years. Life takes some unusual twists and turns and sometimes grandparents are separated from their grandchildren in ways they never expected to be.
Losing visits with a grandchild can be the result of a bitter divorce where the parent with custody won’t let the parents of the ex-spouse visit with their grandchildren. Sometimes one or both of the parents aren’t able to parent and may even be in jail. There may be drugs or child abuse involved. Someone is taking care of the children and makes the decision that a break from the whole family is better for the child. Sometimes children get lost “in the system” for awhile. Sometimes a child dies, and the spouse moves on and starts a new life with a new spouse and doesn’t see where a grandparent fits in anymore. It can be that a grandparent and parent have a fight and the parent uses the grandchildren as a pawn in their disagreements.
There are a variety of situations that can occur with a grandparent losing visits with their grandchildren. This sometimes causes the grandparents to seek help within the legal system. There are even instances where grandparents seek custody of their grandchildren because the parents are unfit or the children have been abandoned or neglected.
One of the attorneys at our family law firm, John Virdone, has been very active in representing grandparents in New York State. He attends Grandparents Support Group meetings in Nassau County and Suffolk County on his own time as a guest speaker or to answer any legal questions that the Grandparents may have. He has traveled to Albany and also to Washington D.C. to advocate for the rights of children and grandparents. Mr. Virdone has helped many grandparents with these types of cases and has developed an expertise in this area of family law. We also prepare newsletters for grandparents providing lots of interesting information like tips for grandparents who are raising their grandchildren, protecting grandchildren on the Internet, and financial information that may be helpful to the grandparents.
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. http://www.lawjaw.com/
Jacqueline Harounian Honored by Long Island Women’s Agenda
March 31, 2009
(Great Neck, N.Y.) Jacqueline Harounian is a law partner at Wisselman, Harounian & Associates, P.C., one of the largest matrimonial and family law firms on Long Island (Long Island Business News, 2009). Ms. Harounian is being honored as an Emerging Leader at the annual spring fundraiser dinner of the Long Island Women’s Agenda. The dinner will take place on June 2, 2009 at 5:30 PM at Chateau Briand in Carle Place. Jackie has been involved with the Long Island Women’s Agenda for three years and most recently became a member of the new Emerging Leader Committee.The Long Island Women’s Agenda (LIWA) is a not-for-profit, nonpartisan coalition of women’s organizations and individuals. It is an advocacy organization that provides a voice for Long Island women on issues, policies and programs affecting the lives of those living and working on Long Island. Through its membership, LIWA has taken a leadership role on many matters including women’s health; affordable housing; pay equity; women on corporate boards; childcare and domestic violence. This has been accomplished through LIWA’s unique committee structure that fosters collaboration and alliances amongst its members and outside groups.LIWA has recently created a new committee geared toward bringing together Long Island’s 40 year-and-under population to boost this group’s involvement in our community and collaborate on issues specific to this segment of women. Jacqueline Harounian is serving on this committee and looks forward to being an active contributor.
Ms. Harounian became a law partner at Wisselman, Harounian & Associates, P.C. in July, 2006. She adeptly handles family and matrimonial litigation, appearing on custody, divorce and support matters in the Family and Supreme Courts in Long Island and New York City. She is knowledgeable about current developments in matrimonial and family law and is committed to providing the highest quality of legal representation. She treats her clients with respect and compassion, care and understanding, guiding them towards a resolution of their divorce or custody case that is their best interest. She is a Hofstra Law School graduate and attended Columbia College for her undergraduate degree. Ms. Harounian is very active in our community beyond the Long Island Women’s Agenda. Her participation includes Columbia College Admissions and Recruitment, YASHAR chapter for lawyers and judges, Nassau County Bar Association, Alumnae Board, Hofstra University School of Law, Hofstra Law School Mentoring Program, Great Neck Chamber of Commerce, Great Neck Lawyer’s Association, Past Chair, Subcommittee on Women in the Law, New York State Bar Association, Former Legal Advisor, Great Neck Chapter of Alliance/S.A.V.E. (”Stop America’s Violence Everywhere”), PTA Executive Officer, Great Neck Public Schools, Executive Board of Sephardic Heritage Alliance, Inc.
Ms. Harounian has also been active lecturing and teaching in the community as: Lecturer, Domestic Violence, Parental Liability Issues and Forensic Examinations for Custody at Universities, Law Schools and Community Organizations, Panel Member, Annual Town Meeting on Grandparents and Grandchildren, sponsored by Grandparents Reaching Out (GRO), SUNY Stony Brook, School of Social Welfare and the National Association of Social Workers/NYS and other patrons, Leader, Legal Workshops for Mental Health Professionals on Matrimonial and Family Law related to patient issues, 2002-present, Lecturer, LI Paralegal Association, on Divorce Law and Domestic Violence and Media Appearances: Guest Speaker, cable TV, Women of the New Century, Grandparents’ Rights, Guest Speaker, Cable TV, Grandparents Today, Grandparents’ Rights Radio Broadcast (WBLI), Grandparents’ Rights, Invited Guest, Good Morning America, Prenuptial Agreements.
Ms. Harounian received the 2007 Fortune 52 Long Island Women of Achievement, Long Island Press and the 2007 Award Winner “Women Making A Difference”, Soroptomist International, and a 2009 Member of Long Island Business News prestigious 40 Under 40 Club for Rising Stars.
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.
For more information visit: www.lawjaw.com
###
Sometimes the Deadbeat Dad is a Mom
January 29, 2009
(Great Neck, N.Y.) As the economy continues its downward spiral, it is a rare day that passes without reading about more people who have been handed pink slips or forced to take substantial pay cuts in exchange for keeping their jobs. Income from wages, investments, and savings are all on the decline while the cost of living, particularly here on Long Island, continues to rise. We also hear of government agencies running out of funds because of declining income and sales tax revenues, and unemployment insurance being stretched to their limits. One noted but less publicized consequence of all this, is an increasing incidence of delinquent child support payments. With such a high rate of divorce, the prevalence of these problems cannot be underestimated. In this economy, with an increasing potential for defaulting child support payments, what advice can the matrimonial attorney offer to any custodial parent? The most current U.S. Census Bureau Report on child support may provide the answer to this question.
As a matrimonial attorney, Lloyd Rosen, Esq. (photo) recently handled a child support enforcement matter for a client who had been trying for months to collect child support from a parent who flatly refused to pay and repeatedly misrepresented to the Court an inability to pay. The Family Court Judge finally lowered the boom, and sent the delinquent parent to jail - twice. A commonplace occurrence you tell yourself. Lloyd Rosen, Esq. explains “Did I mention that the deadbeat in this matter was the mom, not dad?” You may think to yourself, a “deadbeat mom” - how unusual. This got Lloyd Rosen wondering - Is the term “Deadbeat Dad” an unfair condemnation of an entire gender?
An August 2007 report issued by the U.S. Census Bureau (Custodial Mothers and Father and Their Child Support: 2005, by Timothy S. Grall) with regard to child support orders and payments in this country reveals some very interesting statistics. First, it should come as no surprise to anyone reading this that women are awarded custody of their children the majority of the time (with a frequency of more than 85%), while fathers obtain custody in less than 15% of cases. Of all the women who have custody, 6 out of 10 are entitled (by order or agreement) to receive child support. In contrast, approximately one-third of custodial fathers are entitled to receive child support.
But what about compliance with support obligations? Perhaps this is where so many men have earned the reputation as a “deadbeat”. However, the facts do not prove this to be true. According to the U.S. Census Bureau report, non-custodial fathers pay some or all of their support obligations 77% of the time, and non-custodial mothers make full or partial payment 75% of the time. Based on these statistics, men are equally as likely as women to comply with their child support obligation.
Another interesting statistic has to do with the contribution the custodial parent makes towards the support of the children. Of all fathers who have custody of their children, more than 92% of them work, either full or part-time, while 78% of custodial mothers are employed.
So it would appear, based upon these statistics that fathers seem to battle the “deadbeat” stereotype: as compared to mothers, they are more likely to be obligated to pay child support when they do not have custody and are as likely to comply with the child support obligation. When men do have custody of the children, they are more likely to work to contribute to the support of the children than are women. Consider the possibility that the term “deadbeat dad” may be unfair, as it appears that there is a real population of women who should be included among a larger class of “deadbeat parents”.
How can we use this information to help reduce the “deadbeat” category altogether? The answer may lie in the concept of joint custody and visitation. Statistics show that when non-custodial parents are more involved in their children’s lives through joint custody and visitation arrangements, they pay all or some of their support obligation nearly 85% of the time. Non-custodial parents who do not share custody or visitation pay support less than 62% of the time. Absent circumstances of actual domestic violence, drug abuse or other such “red flags” where joint custody and visitation may not be appropriate, the custodial parent would be well-advised to encourage the non-custodial parent to be as involved with the children as possible. In such a scenario, the custodial parent would benefit, the non-custodial parent would benefit, and most importantly, the children will benefit. Where else in this economy will you be offered the opportunity to engage in a win-win-win situation?
Lloyd Rosen joined Wisselman, Harounian & Associates in 2005. Having substantial litigation and appellate experience, Mr. Rosen handles all aspects of matrimonial and family litigation. This includes divorce, separation, custody, visitation, domestic violence, child support and spousal support issues, the distribution of marital assets including business assets, as well as prenuptial and postnuptial agreements. He also handles paternity and grandparent custody and visitation, support enforcement, termination of support and domestic violence matters.
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.
For more information on Wisselman, Harounian and Associates visit www.lawjaw.com
###
It is Possible to Save Money in New York Divorce Court
January 13, 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.
Jacqueline Harounian explains that “It is possible, however for many couples to have an affordable, reasonable, even amicable divorce settlement, which we call the ‘Smart Divorce’.”
The Smart Divorce 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 should be concerned about saving money and assets during a divorce.
There are some conditions necessary in order to have a successful “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, lifestyle 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 written in stone, but may in fact be modifiable in Court after the divorce is settled, based upon a change of circumstances. An experienced attorney can guide you on issues which concern you.
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.
We offer a free consultation in our office and we analyze whether a “Smart Divorce” is an appropriate plan of action based on the specific circumstances.
Jacqueline Harounian joined The Law Firm of Jerome Wisselman in 1993. Having made significant contributions to the firm and her clients, and with an excellent reputation among her peers, Ms. Harounian was named Partner in July, 2006. She handles complex family and matrimonial matters, appearing on custody, divorce and support matters in the Family and Supreme Courts in Long Island and New York City. She also handles guardianship and contested Surrogate’s Court matters, residential and commercial real estate, business law and civil litigation.
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.
For more information visit: www.lawjaw.com
###
Financial Options for Cash Strapped Seniors
January 7, 2009
(Greak Neck, N.Y.) In today’s troublesome economy, many seniors are affected by rising prices and are no longer able to make ends meet with their limited fixed incomes. A severe medical condition or emergency household repairs can be fiscally devastating to those who do not have significant savings on hand. Attorney John Virdone explains that “Seniors need creative options to deal with financial problems as they arise. There are a number of alternatives which are available to those seeking aid.”
The most obvious solution for seniors who own a home is to refinance and use the equity that they have built up over many years for their immediate needs. However, many seniors would not qualify for a home equity loan because of their limited income. Fortunately, reverse mortgages are available. Any one who is 62 years old or over can qualify for a reverse mortgage if they own and reside in the same home. A portion of the equity in the home can be turned into cash. Reverse mortgages are different than traditional home equity loans or second mortgages because no repayment is required until the senior no longer uses the home as his or her primary residence. One to four family homes, townhouses, condominium units, and now even cooperative apartments are eligible for reverse mortgages. The amount that can be borrowed depends on Senior’s age, the interest rate and the appraised value of the home or the FHA mortgage limits for the area, whichever is less. Generally, the more valuable the home, the older the senior, and the lower the interest rate, the more that can be borrowed.
Another option for seniors is life settlements. Seniors who have life insurance policies may not realize that they can sell them for cash at a fair market value. There are financial institutions and investors that will actually purchase life insurance policies for more than their cash surrender value. These purchasers become the new beneficiaries of the policies when they mature and are responsible for all remaining premiums, if any. A senior interested in conducting a life settlement should first consult with an advisor in order to come to a decision as to whether to sell his or her policy. Second, the Senior and advisor decide whether to work with a broker or to go directly to providers. Next, the Senior and advisor submit the policy and release medical information to several providers for valuation. If the policy meets the providers’ criteria for a life settlement, the providers make offers directly or through the broker. Afterwards, the Senior and the advisor review the offers and the Senior accepts the best one. Next, the Senior and advisor complete the chosen provider’s closing package, and return essential documents. The provider places the cash payment in escrow and submits change of ownership forms to the insurance carrier. Finally, the paperwork is verified and the funds are transferred to the Senior.
Finally, another option that seniors may have in a difficult economy is commonly called a “pension loan.” However, this transaction is not actually a loan, but rather the sale of a portion of the Senior’s right to receive his or her future pension payments for an up front lump sum cash payment. There are only a few investors that will conduct these types of transactions; therefore Senior’s have less opportunity to negotiate a better price. Nevertheless, for some seniors who do not own a home or have life insurance, this transaction may be the only method where they can obtain a lump sum cash payment for their particular emergency needs.
Whichever method you choose to pursue, it is important to consult with a professional who can help you understand the financial and legal implications of each of these alternatives.
This information was provided by John Virdone, an Associate with Wisselman, Harounian & Associates who specializes in Grandparent Rights, most often working with Grandparent Custody, Grandparent Visitation and Grandparent Adoption issues.
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.
###
