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...
Can ACS Close an Investigation Before 60 Days? What Brooklyn and New York Families Need to Know
If you’ve been contacted by the Administration for Children’s Services (ACS) about a child abuse or neglect investigation, one of your first questions may be: Can ACS close an investigation before 60 days? The answer is yes—under specific conditions. Knowing when and how ACS can close an investigation early is crucial for...
Understanding Pre-Trial Motions and Hearings in New York Juvenile Delinquency Proceedings
When a child is accused of a delinquent act in New York, they face a legal process that is both unique and high-stakes. Although juvenile delinquency cases are heard in Family Court under Article 3 of the Family Court Act, many of the procedures mirror adult criminal cases. Among the most critical...
Nicholson v. Scoppetta and the Rights of Domestic Violence Survivors in Brooklyn Family Court
Domestic violence cases in New York Family Court are complex — especially when the Administration for Children’s Services (ACS) becomes involved. One landmark case, Nicholson v. Scoppetta, 3 N.Y.3d 357 (2004), fundamentally changed how New York handles situations where a child witnesses domestic violence. For survivors in Brooklyn, NY, this case can...
Brooklyn Order of Protection Attorney – Legal Help for Family Offense Cases in New York
If you are involved in a Family Court matter involving domestic violence, harassment, or threats, it is essential to have a skilled and experienced Brooklyn Order of Protection Attorney on your side. Whether you are seeking protection as a victim or defending yourself against serious allegations, Gilmer Law Firm, PLLC provides strong,...
When ACS Targets Parents of Children with Developmental Disabilities: Protecting Families in Brooklyn and Across New York
Parents raising children with developmental disabilities already navigate challenges that require patience, advocacy, and perseverance. Unfortunately, in Brooklyn and throughout New York, these challenges can sometimes be compounded by unwarranted investigations by the Administration for Children’s Services (ACS).
As a Brooklyn family law attorney and New York ACS defense...
Can I Get Another Hearing If My Kids Were Removed Months Ago? How to Request a New 1028 Hearing in a New York ACS Case
When ACS removes your children and places them in foster care, you have the right to a prompt emergency hearing—called a 1028 hearing—to argue for their return. But what if you already lost your 1028 hearing months ago, and now things have changed? Can you ask the judge for another hearing?
Does the Interstate Compact Apply to My Out-of-State Family Member? New Rules for Custody Transfers in Brooklyn Family Court
When children are placed in foster care due to ACS involvement, many relatives from other states step up to help. But in the past, transferring custody to out-of-state family members could take months due to the Interstate Compact on the Placement of Children (ICPC).
A new ruling by New...