Louis Simonetti & Associates : May 2014

Friday, May 30, 2014

Parent With Alcohol Problems and Child Custody

Long Island’s Best Divorce Lawyer said this appeal involves a custody arrangement modification for the youngest of the parties’ three children. The original custody arrangement provided for joint custody of the subject child with equal parenting time. However, several incidents involving the child’s mother resulted in the father bringing the underlying petition for modification.

The custody arrangement was made in December 2011. In October 2011, the mother was arrested for driving while intoxicated as she was fleeing a physical altercation with her boyfriend. The child was not with her at the time. Two months following this incident the mother, while working for a cleaning service, became severely intoxicated and fell down a set of stairs. The child had accompanied the mother on this day and, took away the car keys from the mother and called the father for help. Law enforcement personnel subsequently arrived and as a result the mother was charged with “endangering the welfare of a child.” A Nassau County Child Custody Lawyer indicated reports were filed by child protective services against the mother for inadequate guardianship for each incident. The father’s petition for modification followed.

The Supreme Court ultimately dismissed the father’s petition, “finding that he failed to demonstrate a sufficient change in circumstances to warrant modification of the agreed-upon custody arrangement.” A Suffolk County Child Custody Lawyer said the Appellate Division reversed. Despite the father knowing of the mother’s issues with alcohol at the time he agreed to share custody, the evidence of the mother’s escalating problems with alcohol, along with her subsequent alcohol-related incidents “was sufficient to constitute a change in circumstances requiring a review of the existing custody arrangement in order to determine whether [such arrangement] continued to be in the child’s best interests.” The case was remitted to the Supreme Court for such determination.

Personal issues may affect a parent’s ability to properly care for their child following a custody arrangement being made. Seek out the advice of the experienced attorneys at Simonetti & Associates to know your rights.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program. Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

Are you thinking about getting a divorce? Call us today for a free consultation (877) 385-2560

Thursday, May 22, 2014

Child Exclusively with One Parent and Modification of Child Support

Long Island Best Divorce Lawyer said this appeal was the result of an upward modification of a child support order. Appellant father appealed an order of the Family Court, Suffolk County which denied his objections to an order granting Respondent mother’s petition for an upward modification of father’s child support obligation.

In order for a modification of a parent’s child support obligation the petitioner must show a “substantial change in circumstances sufficient to warrant the modification of the [parent’s] child support obligation.” A Nassau County Child Custody Lawyer said the Appellate Division agreed with the Family Court’s determination. Facts showed that the father’s visitation subsequently ceased, which resulted in the mother’s child related expenses increasing dramatically due to the child living exclusively with her. This constituted a substantial change which warranted modification.

Fulfilling one’s child support obligations is important. However, sometimes life events warrant these obligations to be adjusted. Seek out the legal advice of the experienced Divorce Attorneys at Simonetti & Associates.

Wednesday, May 14, 2014

Parent is Hostile

Long Island’s Best Divorce Lawyer said this appeal stems from an order of the Family Court granting petitioner’s (hereafter father) petition for modification of a child custody arrangement. The Family Court modified the existing child custody arrangement and granted the father primary physical custody of the parent’s two sons.
Father brought the petition as a result of the mother failing to inform father “immediately when the older son was diagnosed with cancer in October 2011, did not advise father that surgery was required until after surgery had occurred, and also refused to sign authorizations which would permit the father to speak with the son’s doctor until the father commenced a court proceeding to compel her to do so.” A Nassau County Divorce Lawyer said the father also testified that the mother would limit the sons’ ability to communicate with him on the internet, listen in on their telephone conversations, and would be inflexible whenever the sons’ scheduled activities interfered with visitation time.
The Family Court did recognize that both parties are loving parents well attentive to the sons’ medical and educational needs, and the Court credited the mother with her success as the sons’ primary caretaker since 2003. However, Long Island’s Best Divorce Lawyer described how the mother’s hostility towards the father resulted in the Court’s decision. She ultimately “alienated the sons from her as well as interfered with her relationship with [the father].” The Court deemed her conduct “so inconsistent with the best interests of the [sons] as to, per se, raise a strong probability that [the mother] is unfit to act as custodial parent.”
Child custody arrangements can be modified. Seek out the advice of the experienced family law attorneys at Simonetti & Associates to discuss your rights.

Are you thinking about getting a divorce? Call us today for a free consultation (877) 385-2560

Tuesday, May 6, 2014

Child Support Modification for Loss of Employment

A Nassau County Divorce Lawyer said this appeal concerns the dismissal of a father’s petition for a downward modification of his child support obligation and the lower court’s determination that he willfully violated an order of child support.

A court may modify a child support order when the party seeking the modification can show a substantial change in circumstances. Such a circumstance can be the loss of employment. However, a Suffolk County Divorce Lawyer said the termination of employment must through no fault of his or her own, and that he or she has made “diligent attempts to secure employment commensurate with his or her education, ability, and experience.”

A Nassau County Child Support Attorney said the Appellate Division agreed with the Family Court’s determination. The father’s credibility of the father’s testimony was in question. He “failed to adduce sufficient credible evidence” to show that he lost his employment without fault of his own and “that he diligently sought re-employment commensurate with his earning capacity.” Therefore, the father was not entitled to a downward modification of his child support obligations.

Understanding one’s child support obligations leading up to and following a divorce can be difficult at times. If you are contemplating divorce and have children seek the advice of the experienced and winners of Long Island's Best Divorce Lawyers at Simonetti & Associates.