This is a point of frustration for attorneys who practice matrimonial and family law, such as David Mejias, a partner at Mejias Milgrim & Alvarado of Glen Cove and Hempstead.

Mejias represented a father who was awarded majority custody of his son in 2015 after the boy missed an excessive amount of school while in his mother’s care. The child’s mother appealed, but the appellate division affirmed the original decision granting the father residential custody during the school year.

However, while the appeal was pending, the boy continued to reside with his mother.

“It took more than two years for the appeal to work its way through and that’s unfortunate,” Mejias said. “During those 2½ years the mother worked very hard to alienate the child from his father.”

However, with the 2015 decision affirmed this year by the appellate court, the child was scheduled to move in with his father in time for this school year.

Mejias called the 2015 outcome a “landmark decision,” with the father awarded custody during the school year and the mother during the summer months. The decision resulted from the boy being absent or late 92 school days during grades 1 through 3, according to the attorney. The child’s pediatrician testified at the original trial that there was no medical reason for him to miss so much school, Mejias said, noting that during kindergarten, when the child’s father lived at home, the child’s attendance record was good.

“You worry there may be a gender bias against a father in a custody case,” the attorney told LIBN after the 2015 decision. “But the court basically held that it’s in the best interest of the child to be educated, and this constituted educational neglect on the part of the mother.”

Issues concerning education often arise in custody cases, and courts carefully weigh them.

“Oftentimes, when there is excessive school lateness, there is an underlying issue with the parent, such as depression or drug or alcohol dependence,” matrimonial attorney Jacqueline Harounian told LIBN in 2015. “The parent might not be attending to the child in other ways – the child’s homework might not be getting done, he might not have lunch money, he may be unkempt. All those issues go hand in hand.”

In custody battles involving older children, issues sometimes arise with teenagers cutting class due to inattentive parenting.

“The parent may not be in control, or there is not enough discipline,” Harounian said, adding that courts take educational neglect issues seriously.

“If a child is constantly missing class and education isn’t given a priority, it could be a very significant factor for a change of custody or a change of schedule at a minimum,” she said.

It all comes down to what is in the best interest of the child, Joseph Trotti, a partner at Vishnick McGovern Milizio in Lake Success, told LIBN two years ago.

“If a child is missing an excessive amount of school, the custodial parent doesn’t have the child’s best interest at heart,” Trotti said.

Now that the appellate court has ruled, Mejias has received inquiries for a copy of the brief from attorneys who want to reference it in their custody proceedings.

“This was a landmark case in that it was a creative decision giving custody to the parent who can ensure the child gets to school during the schoolyear, and with the parent who was neglectful regarding education given custody in the summer,” Mejias said. “Ultimately the courts have to determine what’s in the child’s best interest, and in this case, the child’s best interests were served by the very sound and creative choice to make sure my client had custody during the school year while making sure the child’s mother was very much involved in his life.”

David Mejias

Mejias, Milgrim & Alvarado, PC

1 Dosoris Lane

Glen Cove, New York 11542

(516) 333-7777

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​Dave Mejias and his team of Long Island divorce lawyers offer a comprehensive range of legal services for individuals and families needing outstanding legal services. Dave and his legal team know that any involvement with the legal system can be stressful. When you have a legal matter, it's important to have an experienced attorney on your side in order to help you navigate the complex legal system and advocate for the best possible outcome.

The attorneys at Mejias, Milgrim, Alvorado, P.C. offer a comprehensive range of legal services. If you're considering a divorce, they can help you weigh the pros and cons and understand the potential consequences. If your spouse has committed adultery, they can help you understand how that might impact the case including things like spousal support and division of assets.

Some interesting questions can arise in gay marriage cases. You might have questions about child custody and child support. These are important family law questions for all parents. Dave Mejias and his team can help you understand not only how the law applies to your case, but also how to harness the law in order to reach the best possible result. Sometimes, there's more than one way to solve a problem. Dave explains your options and helps you weigh the pros and cons of each course of action.

In addition to a wide range of family law services, Dave and his team offer skilled representation in personal injury matters. They can work with you to document your injuries in a way that maximizes your potential for recovery. They gather witness statements and work with experts to demonstrate how your injury occurred. Then, they skillfully negotiate with the other side to maximize your recovery. While no amount of money can ever make things the way they were before your injury, Dave and his team work diligently to help you rebuild your life.

If you need any kind of consultation related to divorce and any family issue feel free to contact them anytime. If you are in the beginning stages of divorce, or if you are unhappy with your current attorney, we can assist you in achieving a successful outcome for your case. When you work with Dave Mejias, you can expect your legal team to work each day to make a difference for you. No two cases are alike. That's why the attorneys at Mejias, Milgrim, Alvorado, P.C. pride themselves on offering each client the individual attention that they need in order to get a great result in court.

Dave Mejias is an experienced divorce lawyer in Long Island. He has successfully handled many divorce cases. In 2013, Dave was recognized by Long Island Pulse as a Top Ten Legal Eagle, winning the Family Law category. For more info Visit:



​The issues touched on in the practice of family law are personal. Every day family law attorneys are present as clients struggle through devastating, life-changing events. These are the things people never see coming, and can never be prepared for when they do arrive. These moments take such an emotional toll, it can feel as if it's simply impossible to even begin facing the inevitable legal details that must be addressed. A good attorney guides clients over these daunting legal hurdles and understands the importance of doing so with patience and empathy.

David “Dave” Mejias works hard to provide all of his clients with compassionate personal representation. The early loss of his father taught Mejias that emotional support cannot be separated from effective legal representation. He strives to be fully present for clients as he guides them through what he knows can be a wrenching process.

Founder and managing partner of the Long Island law firm of Mejias, Milgrim and Alvarado, Dave Mejias has practiced law for over 18 years. The law firm he created reflects his values. It's inclusive, diverse, personal, and creative. His ultimate goal is to help clients create a secure foundation from which they can move forward with confidence and security.

A passionate advocate, he consistently obtains favorable child custody, spousal support, and asset distribution outcomes for clients in both contested and uncontested divorces. He strongly believes in a wholistic approach to divorce proceedings and seeks to develop practical solutions that work smoothly over the long term. If, however, these arrangements need to be renegotiated, he has the experience to do so and will work to obtain the best possible outcome for his client. He also counsels clients on the ramifications of New York state's "fault based" divorce laws.

Prenuptial agreements have the potential to cause a fair amount of conflict between spouses and family members. Having an experienced attorney advise both parties to these agreements creates a fairer and more balanced process. Mejias regularly drafts and reviews prenuptial agreements. Sometimes things go wrong even with a well-crafted agreement. He has extensive experience litigating changes to pre-and-postnuptial agreements.

He always stands ready to assist domestic violence victims in the difficult process of obtaining an order of protection against an abuser. He has a strong record of working with the community to prevent domestic violence. The Coalition against Domestic Violence honored Mejias for his work on behalf of the rights of victims of domestic violence. He grasps the dynamics involved in domestic partner abuse and can help those adversely impacted secure the protection they need.

Inclusiveness and diversity are important to all of the attorneys at Mejias, Milgrim and Alvarado. Unique questions often arise when gay and lesbian couples divorce or deal with child custody issues. He has experience with jurisdictionally complex divorce and child custody cases.

The Long Island Law firm of Mejias Milgrim & Alvarado stands ready to meet all of your family law needs. David Mejias welcomes the opportunity to speak with you about the firm's unique approach.



When clients have contact with New York’s family court system, it’s usually one of the most challenging and stressful times of their lives. They might be working collaboratively with their co-parent in order to establish the best possible custody and parenting plan for their children. They may be fighting to keep the children away from a bad influence. On the other hand, they might be fighting for fair parenting time when the other parent won’t give them reasonable access to their children. Even if children aren’t involved in the case, divorcing couples have to fairly divide assets, and that can be a complicated and emotional matter.

Helping family law clients

Dave Mejias and his Long Island law team know how stressful these challenges can be. That’s why they’re here to guide clients to the best possible outcome in their case. They know how to harness the legal system in order to use it to the client’s advantage. They can also help clients understand how the law applies to their case, so that they can make the best possible decisions.

Division of assets

In some cases, adultery might be a factor in a divorce. This can change the likely division of assets in the case. When adultery is an issue, Dave Mejias and his team help clients gather the evidence, so that they can show the court what’s going on. They also help clients understand how the adultery changes the situation when it comes to deciding the division of assets or even how to decide child custody.

New York child support

Child Support is a key issue in many cases. Even though New York uses a child support formula, child support is often far from an open and shut case. A parent may need to build their case in order to prove the other parent’s true income. This can come into play in cases of self employment or in cases where a parent works for cash under the table in order to avoid a child support obligation.

In other cases, a parent may need to ask the court to order something different than the child support formula calls for. This might be the case where a child has special needs or other special care expenses. It can also occur when the parents live far apart, and the parties need to transport the children for parenting time. Dave Mejias and his team help clients build their case and their arguments, so that they can have the strongest possible case to present to the court.

Guidance along the way

Having to go to New York family courts is always difficult. When clients work with Dave and his team, they help the client make the best possible choices at each stage in the case. They educate clients, so that they can understand why each step in the case is the best possible choice for their future. This gives clients the confidence to navigate New York’s complex legal system and work to reach the best possible result under the law.

Get the best and amazing results by family lawyer. The professional and experienced lawyers Dave Mejias handle every aspect of family law, divorce, child support and child custody related matters in New York.