We are well known for work in Long Island divorce and family law

Fathers' Rights

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:

Bryan L. Salamone 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.

Bryan L. Salamone, Esq. has prevailed against very well known adversaries, including ex-judges and the president of the local bar association. Through expert cross examination, use of forensics, and presentation of facts in a way that casts doubt on the law guardian’s recommendation, Mr. Salamone is able to achieve these results.

Father’s Rights—a hot issue

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). 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. They should be more honest with men coming to seek advice.

You do not 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.

Challenges fathers must overcome

Firstly, young children are often, without question, given to the mother, unless there is some problem with the mother’s past that affects her ability to be a custodial caregiver. To date, a father clearly cannot breast feed. (Don’t laugh.)

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 judges simply think the norm should be a standard cookie-cutter model, and they may have an ax to grind against the father who wants to buck the system. We can and will go to higher courts. We are never afraid to appeal a biased decision.

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.

Law guardian’s role

A law guardian is a lawyer for the interest of the child. When a child reaches a certain age, the law guardian exchanges his or her own opinions, prejudices, and views along with the child’s express wishes. They therefore become a true advocate of the child.

Child’s opinion about custody

There are scores of files in this office in which teenagers (usually 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 is fine. However, we look at trends as they occur. Teenage daughters are often siding with their fathers—and 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.

When a child has voiced these opinions, we are able to seek an in camera examination (when a child actually speaks with the judge after the hearing). An in camera examination 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 judge may grant the child’s custody wishes. It is one of many factors. Nevertheless, children should not be empowered to determine custody. We are able to send a judge “proposed” topics or questions to ask a child during these Lincoln hearings. Judges all know our firm and are very receptive to this unique idea.

Flexible work schedules favor father’s rights

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 change in schedules has greatly increased the father’s ability to be a stay-at-home, full-time caregiver. This has helped the cause of fathers’ rights.