Navigating Pet Custody in New York
When couples in New York divorce or separate, deciding who keeps the family pet can be one of the most emotional parts of the process. Until recently, the law viewed pets as personal property—no different than furniture or jewelry. That changed with the passage of New York’s pet custody law, which...
What Is an Exclusion Hearing in an Order of Protection Case in Family Court?
When a person in New York seeks an Order of Protection in Family Court, the judge can include specific conditions to ensure safety—such as staying away, avoiding contact, or leaving a shared residence.
When a person is temporarily ordered to leave their home, it’s called an exclusion order, and...
Clearing Your Name — How a Parent Fought Back Against ACS and Won Reform
Imagine this: A parent is accused by their child, a case goes to Family Court, and the judge dismisses the claim. It seems resolved—except it isn’t. Even with that dismissal, the parent’s name might still be entered into New York’s child...
When Absences Turn into Legal Risk — How a Parent Can Respond to Charges of Educational Neglect
A few missed school days may seem harmless. But in New York, chronic absenteeism or excessive lateness can escalate from a “school issue” into a legal one. When that happens, a parent may find themselves defending against accusations of educational neglect—a serious matter...
When Children’s Voices Matter — How Teens Influence Custody Modifications in New York
1) A Growing Voice in the Courtroom
As children get older, their opinions start to matter more when parents return to court to change a custody order. New York judges won’t let a teenager decide entirely, but they will listen closely. The goal is always to understand what arrangement...
Why Custody Modification Petitions Sometimes Fail — and How to Avoid the Common Traps
1) Why Some Parents Lose Their Cases
Filing to change a custody order can feel like a fresh start — but for many parents, the case ends before it really begins. The most common reason isn’t bad parenting or bias; it’s lack of evidence.
Judges need...
How to File a Custody Modification in New York — and What Are Your Chances?
1) Why people ask to change a custody order
Life changes. Jobs shift, housing moves, health improves (or dips), kids grow, and what worked two years ago may not work now. New York lets you ask the court to modify a custody or visitation order when there’s been a...
When Can a Foster Child Be Removed from a Home? Understanding Your Rights with a New York Foster Care Removal Attorney
Under 18 NYCRR § 443.5, “whenever a social services official or another authorized agency acting on his or her behalf proposes to remove a child in foster family care from the foster family home, he/she … must notify the foster...
Understanding the Difference Between Child Abuse and Neglect Under New York Law
In New York Family Court, the terms child abuse and child neglect often appear together — yet they describe very different legal standards. Both are governed by Article 10 of the Family Court Act (FCA), but the difference lies in the nature of harm to the child and the conduct of the...
Understanding the Difference Between a 1027 and 1028 Hearing in New York Family Court
When the Administration for Children’s Services (ACS) becomes involved in a child protective case, two types of early hearings often determine whether a child remains at home or is removed while the case proceeds — the 1027 hearing and the 1028 hearing. Though they may appear similar, they serve distinct purposes at...