Since this firm began, fathers’ rights have increased dramatically. Bryan L. Salamone & Associates, P.C., has handled Trials in which he has won custody for fathers against all odds. He has won numerous custody trials in which the Law Guardian has advised the Judge that custody should be with the mother. He has won custody in cases when the forensic psychologist has said to the Judge (in the form of expert testimony) that the mother was a more appropriate custodial guardian. In fact, Bryan L. Salamone & Associates, P.C., has prevailed in Trials in which both the forensic and the Law Guardian stated to the Judge that the mother was more appropriate for custody. It is through expert cross examination, a forensics and through presenting the facts in a way that casts doubt on the Law Guardian’s recommendation that Mr. Salamone is able to achieve these results.
Since Mr. Salamone began focusing on matrimonial and family law, fathers’ rights have become a “hot” issue. However, fathers’ rights groups and the literature concerning fathers’ rights are often entirely too optimistic. This firm handles more custody cases than any other firm we are aware of (and based on the Unified Court System’s Electronic Calendar, we handle more divorces than any other firm in Nassau and Suffolk), and we dispute many of the fathers’ rights groups, statistics and the information provided in various father’s rights literature and books. The prospects are simply not as good as they would have you believe. You don't want a lawyer or a law firm to “feed you a line or string you along.” With that being said, fathers’ rights have come a long, long way. We have handled and prevailed in numerous fathers’ rights cases against all odds. Nevertheless, fathers’ rights have not reached a point at which men are receiving equal treatment. No matter what others say, our experience is that men are not getting the equal treatment touted by legislation or fathers’ rights groups.
Firstly, young children are often, without question, given to the mother, unless there is some problem with the mother’s past that impacts her ability to be a custodial caregiver.
Furthermore, it is our experience that the Court System likes cases that “settle.” When prosecuting a father’s rights case, we may be forced to prosecute the case before a Judge who simply feels the case should be settled like “most of the others,” with the mother having custody, the father having visitation, and the father paying support. It cannot be denied that many of the Judges simply think this should be the standard “cookie cutter” model, and they may have an “ax to grind” against the father who wants to buck the system.
The good news is that we have been successful at discrediting forensics who have the “knee jerk” reaction and recommendation to give custody to the mother. We also have been very successful in changing custody against the recommendations of Law Guardians.
A Law Guardian is a lawyer for the interest of the child. When a child reaches a certain age, the Law Guardian exchanges his / her own opinions, prejudices and views with which the child’s express wishes. They therefore become a true advocate of the child.
There are scores of files in this office in which teenagers (for whatever reason…teenage daughters) have decided to bond with their father and want to now live with their father. Yes, it is more common for teenage daughters to be forcing their opinion (that they want to live with their father) than teenage sons. I do not have a reason for this; I just know that it exists in hundreds of our current cases. If your case is different than this, that’s fine. However, we look at trends as they occur. Teenage daughters are often siding with their fathers. This is even more so when the mother is the “cause” of the break up in the daughter’s eyes. Teenage boys, on the other hand, often feel protective of the mother and remain with the mother as the “guardian” of the spouse who was left behind.
It is when a child has voiced these opinions that we are able to seek an in camera examination (when a child actually speaks with the Judge after the Hearing). This is also known as a “Lincoln Hearing.” Lincoln Hearings are simply when the Judge speaks with the child. If the child’s reasons for wanting to stay with the father are appropriate and the child is mature in his or her deliberation, then the child’s custody wishes may be granted. It is one of many factors. Nevertheless, children should not be empowered to determine custody.
Fathers’ rights have greatly increased due to the availability of flexible work schedules. Over the last five years, we have seen an incredible amount of fathers readjusting their work schedules to be home with their children. In the age of electronics (home offices, faxes and internet), many people can work from home or take some of their work home with them so that they can be with their children after school. This has greatly increased the father’s ability to be a stay-at-home, full-time caregiver. This has helped the cause of fathers’ rights.
