A Father in Court Alone: The High-Stakes Struggle of Marc Fishman

In a quiet courtroom in White Plains, New York, on April 28, 2025, a legal battle played out that encapsulates everything wrong with the American family court system: a father alone, sick, out of state, fighting not just for his rights as a parent, but for his voice to even be heard.

Marc Fishman logged in to the virtual hearing from California, where he had just left the hospital due to a kidney issue. His attorney, Gary Gash, appeared only to request release from the case, citing scheduling conflicts and discomfort with the legal theories Marc wished to pursue. Meanwhile, opposing counsel had already submitted filings Marc never received or reviewed.

The issue at hand? Fishman was seeking relief from a court order that had suspended all visitation with his four children. He argued that this amounted to parental alienation and requested a hearing to revisit the matter. But what unfolded in that courtroom was not a deliberation on the best interests of the children or the merits of his claims. It was a procedural boxing match in which Marc stood unarmed.

A Decade of Litigation and Isolation

Marc Fishman’s legal journey began in 2014. From 2015 to 2018, Judge Michelle I. Schauer presided over his case, ultimately issuing an order of supervised visitation. Fishman maintains that Judge Schauer recused herself after 2018. But in this most recent hearing, she returned to the case, denying any such recusal and asserting her jurisdiction under New York’s "one judge, one family" rule.

Fishman, visibly frustrated and unsupported, insisted that Judge Schauer had been listed as recused in federal court filings. He referenced transcripts, emails, and judicial statements that, according to him, confirmed the recusal. But Schauer was unmoved. "Only I can decide if I recuse," she said. "I did not recuse."

The larger issue loomed: how could a judge who had previously ruled against Fishman, and who had been named in related federal complaints, fairly hear the matter again?

No Counsel, No Access to Filings, No Relief

With Gash stepping down, Fishman once again found himself without representation. He asked for assigned counsel, citing disability, lack of income, and his current medical condition. The judge, however, made clear that unless he submitted detailed financial records by mid-May, he would not be entitled to an attorney.

Fishman protested. He was in California for surgery. He couldn’t gather financial documents from New York in time. No leeway was given.

Complicating matters further, the judge distinguished between his request for a hearing on parental alienation (which could qualify for assigned counsel) and his other support-related petitions (which did not). Fishman, unfamiliar with these procedural hair-splittings, was left reeling.

The Human Cost of a Broken System

At the heart of the hearing was a tragic fact: Marc Fishman has not seen his child Aidan in over seven years. Over 100 visits were missed. Supervisors have allegedly testified in federal court to the alienation. But none of that seemed to matter.

Instead of investigating whether this prolonged absence of contact harmed the children—or if court processes had failed to support reunification—the system fixated on technicalities. Who filed what, when, and under which docket.

Fishman is not a lawyer. He is a father with a medical condition, disabilities, and no money for private attorneys. Yet he continues to fight. Not because the court makes it easy, but because the alternative is surrender. Because the right to parent one's child shouldn’t be something that can be procedurally erased.

What Comes Next

A hearing on the alienation issue has now been scheduled for August 11, 2025, in White Plains. Fishman must appear in person, find an attorney, and submit financial documentation—all while recovering from surgery and fighting what he claims is systemic retaliation and indifference.

Whether one agrees with Marc Fishman’s interpretation of events or not, one thing is clear: the family court system is not built to protect the vulnerable. It is built to process them. And when that system becomes more concerned with procedure than with justice, every parent—not just Marc Fishman—has reason to worry.