* Elliot Wiener

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Matrimonial & Family Law

Our highly respected Matrimonial & Family Law department is comprised of attorneys who use their individual and collective ability to guide clients through difficult and emotional issues. The chair of our department is a Fellow of the American Academy of Matrimonial Lawyers, is the co-chair of the Matrimonial Law Section of the New York County Lawyers Association, and is a member of the Executive Committee of the Family Law Section of the New York State Bar Association.

In counseling clients, Phillips Nizer LLP’s goal is to achieve the maximum and best results in the most cost-effective manner, preferably with minimal conflict through negotiated settlements, if appropriate through alternative dispute resolution (ADR) processes such as mediation (our attorneys are certified collaborative lawyers and our department chair is trained in divorce mediation) or through litigation in court. Our attorneys have extensive experience in heavily litigated matters.

Subject matters frequently encountered in matrimonial and family law proceedings include:

Divorce, Equitable Distribution of Property and Support
* Our attorneys have significant experience in handling complex issues of equitable distribution of property and spousal and child support through negotiation or litigation.
* Our attorneys have the advantage of being able to work closely with the firm’s Tax, Trusts & Estates, Corporate, and Real Estate practice teams who are familiar with the rules and regulations of federal and state tax laws, retirement accounts, stock options, family partnerships, closely-held businesses, as well as professional practices and licenses.

Child Custody and Visitation
* Our Matrimonial and Family Law department includes attorneys who are certified Law Guardians, who have represented hundreds of parents and children in court proceedings, and who have a record of success in dealing with expert mental health testimony in custody and visitation matters.
* We also have experience in proceedings involving grandparents wishing to maintain a legally protected relationship with a grandchild or grandchildren.

Prenuptial, Postnuptial and Cohabitation Agreements
* The lawyers in our department have substantial experience preparing prenuptial, postnuptial and cohabitation agreements.

Guardianship
* Our attorneys in both the Matrimonial & Family Law practice group and in the Trusts & Estates practice group have substantial experience representing individuals who require the assistance of court-appointed fiduciaries to protect and manage an individual and/or the individual’s assets.

Adoption, Child Custody and Mental Hygiene Law Guardianship Proceedings
* Our attorneys handle all types of adoptions, including private adoptions, agency adoptions and overseas adoptions. We are also able to handle immigration issues that may be involved in overseas adoptions Mental Hygiene Law, Guardianship and matters involving incapacitated individuals.
* Defense of foster parents and family members who desire to adopt children they have cared for, either voluntarily or appointment by the court.

Child Maltreatment, Neglect, and Abuse
* Defense of individuals charged with child sexual abuse.
* Defense of individuals involved in allegations of neglect and physical abuse including Shaken Baby Syndrome.

* Fellow, American Academy of Matrimonial Lawyers

Elliot Wiener
Phillps Nizer LLP
666 5th Ave - 28th floor
New York NY 10103-0084
Tel: 212 841-0726
Fax: 212 262-5152

Areas of Experience:
* Matrimonial & Family Law

Elliot J. Wiener is the Chair of Phillips Nizer's Matrimonial & Family Law Department. A Fellow of the American Academy of Matrimonial Lawyers with over 30 years experience practicing family law, he concentrates his practice in the areas of matrimonial and family law including divorce, custody/visitation, support, and related matters. He has a particular interest in child custody and visitation issues and in trial work.

Bar Leadership

Mr. Wiener’s interest in family law is reflected in his membership on the Executive Committee of the Family Law Section of the New York State Bar Association. In September 2006, he began a three-year term as the Co-Chair of the Matrimonial Law Section of the New York County Lawyers’ Association. He is also the past Co-Chair of the Interdisciplinary Forum on Mental Health and Family Law, a group of lawyers, judges, and mental health professionals who meet monthly to discuss issues of mental health and family law, and he is the former Co-Chair of PEACE/NYC. Mr. Wiener was also a member of the Legislation Subcommittee of the Matrimonial Committee of the Association of the Bar of the City of New York which spearheaded an effort to reform the “fault” requirement of the New York divorce laws.

Trial Experience and Mediation Training

At trial, Mr. Wiener has persuaded Courts in custody cases to reject the opinions of neutral experts and court-appointed forensic psychiatrists. He has successfully defended individuals charged with child sexual abuse and has won two trials (out of two) involving allegations of Shaken Baby Syndrome, in each case persuading the Court to reject the conclusions of the neutral neurosurgeon and neurologist. Mr. Wiener has extensive trial and appellate experience in all areas of family law and he practices in all courts throughout metropolitan New York. In addition to his trial skills, Mr. Wiener is also a trained divorce mediator.

Extensive Range of Experience in Family Law

Over the course of his career, Mr. Wiener has been the law guardian for hundreds of children in proceedings which span the entire range of family law. He also has extensive experience representing parents in child neglect and abuse proceedings. Mr. Wiener has represented numerous parties in adoption proceedings, including international adoptions. In a test case, he successfully challenged the adoptive subsidy system of the New York State Department of Social Services.

General Law Practice History

Prior to joining Phillips Nizer, Mr. Wiener was a partner with the law firm of Hall Dickler Kent Goldstein & Wood LLP in White Plains and New York City. Subsequent to that, he was a partner at Abbott, Duncan & Wiener in New York City and for four years he was a staff attorney with the Juvenile Rights Division of the New York City Legal Aid Society. He was also a clinical instructor of law at New York University School of Law in the early 1980s.

Speaking Engagements

In 2007, Mr. Wiener was invited by the New York State Judicial Institute to conduct a series of seminars to Supreme Court and Family Court judges on the subject of "parental alienation." Mr. Wiener frequently presents on issues relating to child custody before law guardians throughout the Metropolitan New York area.