Should I let ACS in if they knock on my door? By New York City ACS defense attorney.
This is a very complicated question. As a Brooklyn ACS Attorney that has represented clients for over 18 years I can say that you do not have to let ACS in without a court order. However, if you do not let them in it can trigger a course...
How does the Court determine best interest of the child in a New York Custody battle? By Brooklyn, NY Family Court Attorney
In order to determine what is in the best interest of a child in a custody case the Court must only make this determination following a full and comprehensive evidentiary hearing. The New York Courts hold that parents have a fundamental right to custody of their children...
Why won’t the Court give me a DNA test? Equitable estoppel and best interest of a child in a paternity proceeding, by Brooklyn, New York Family Court Attorney.
Many men in Court face this scenario. They are petitioned to Court to pay child support for a child they do not know whether it’s theirs and with whom they have had very little contact with. These men contact me, a Brooklyn Family Court Attorney and ask me...
Luft v. Luft – Grandparent Visitation Rights Affirmed
The unique bond grandparents share with their grandchildren is one that courts recognize in many cases should be respected and nurtured. Of course, the courts also give tend to give parents the benefit of the doubt in deciding which relationships are in the best interest of their own children.
In cases where there are disputes...
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Adhering to Reunification Plans in Brooklyn Family Court
When a family is physically separated by state social service workers, it's emotionally wrenching for all involved. Putting the pieces back together takes time, effort - and an experienced family law attorney.
While the New York Administration for Children's Services does adhere to general guidelines regarding what steps a parent must take in order to...
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Matter of Richard A.M. v. Alejandra H. – Equitable Estoppel of Paternity Test
While the New York Family Court Act allows paternity proceedings to be initiated at any point from the time of pregnancy until the child in question is 21-years-old, there is at least one instance in which such proceedings will be halted.
That is due to equitable estoppel when such a revelation would not be in...
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Incarcerated Parents in New York May Lose Parental Rights
The Bureau of Justice Statistics reported in December 2013 there were more than 1.5 million prisoners in state and federal prisons throughout the country. In New York State, roughly 32,000 are held within the state jail system and another 56,000 are incarcerated within the state prison system. There are also 122,000 offenders on probation...
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Wallace v. Wallace – On Calculating Child Support in New York
While New York City family courts are granted a broad range of discretion with regard to determination of child support, they are guided by Section 413 of the Family Court Act. The law offers a general percentage and dollar amount for support, depending the number of children and income of paying...
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Constructive Emancipation in New York City Child Support Law
In the state of New York, parents have a legal duty to support their children until the age of 21, unless they are sooner emancipated.
This "doctrine of constructive emancipation" is derived from the Child Support Standards Acts and corresponding case law in New York.
Some of the circumstances under which children might become emancipated prior...
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Wong v. Liu – Showing Up for Court in Divorce Case Critical
In any court case - civil or criminal - it's important to show up.
In criminal court, failure to appear can result in a warrant for arrest, additional jail time and fines. In a civil case - including divorce - you likely aren't going to be jailed for skipping out, but repercussions could still be...
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