Can a Parent Relocate With a Child Without Court Permission in Brooklyn?
Parents often ask: Can I move with my child without first obtaining approval from Brooklyn Family Court? This is one of the most common questions after separation or divorce, especially when a parent wants to change residence for a new job, to be closer to family, or to start a new chapter...
Can Custody Be Changed If a Parent Abuses Drugs or Alcohol in Brooklyn?
One of the most pressing questions parents ask is:
“If the other parent abuses drugs or alcohol, can custody be changed in Brooklyn Family Court?”
The answer is yes. In New York, substance abuse is considered a serious risk to children’s safety and well-being. Judges place...
What Happens if a Parent Files for Emergency Custody in Brooklyn?
When a child is in immediate danger, courts don’t wait for the usual timeline. Brooklyn Family Court can issue emergency custody orders—often through an Order to Show Cause—to protect a child right away. These are temporary measures that stabilize the situation until the court can hold a fuller hearing where both sides...
Can Custody Be Changed If a Parent Interferes With Visitation in Brooklyn?
Parents often ask: Can custody be changed if the other parent interferes with visitation in Brooklyn Family Court?
The answer is yes. Interfering with visitation is a serious matter under New York law. Courts expect parents to follow schedules and respect the child’s relationship with both parents. When interference...
How Do Judges Decide Custody Cases in Brooklyn Family Court?
Parents in Brooklyn often ask: How do judges actually decide who gets custody of a child?
The answer is that judges follow the best interests of the child standard. This means the court’s focus is not on which parent “deserves” custody, but on which arrangement gives the child the...
Guardianship vs. Custody in New York Family Court: What’s the Difference and When to Seek Each?
When a parent cannot care for a child due to illness, incarceration, addiction, or another hardship, New York law provides legal options for trusted adults to step in. Under Article 6 of the Family Court Act (FCA), both guardianship and custody allow non-parents to assume responsibility for a child. But the two...
Who Pays Child Support in Joint Custody Cases in New York?
When parents in New York decide to separate or divorce, questions about custody and child support often become the most pressing concerns. A common misconception is that if custody is shared equally, neither parent will have to pay child support....
Brooklyn Divorce Attorney on Exclusive Use of the Marital Home: What You Need to Know
One of the most urgent issues that arises during a New York divorce is deciding who stays in the marital residence while the case is pending. This question, often referred to as exclusive use or occupancy, has a major impact on safety, stability, and day-to-day life. At Gilmer Law Firm PLLC, we...
Fighting Back Against Old Allegations in Family Offense Cases: Know Your Rights
If you’ve been served with a Family Court petition for an order of protection in New York, you may be shocked to find yourself defending against events that occurred months—or even years—ago. Many clients ask: Can someone really get an order of protection based on old or stale allegations?
Should I Take an Order of Protection Without Admission in Family Court or Go to Trial? Advice from a Brooklyn Order of Protection Attorney
If you’ve been served with a petition for an order of protection in New York Family Court, you may be presented with a difficult choice: should you agree to an order of protection “without admission” or should you demand a trial to fight the allegations? As a seasoned Brooklyn order of protection...