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...
When a 1028 Hearing Becomes a Fact-Finding Battle: Understanding Combined Hearings in New York Family Court
In New York Family Court, when a child has been removed because of alleged abuse or neglect, two distinct hearings often take place. The first—under Family Court Act § 1028—addresses whether the child can safely return home while the case is pending....
Will Past OCFS Violations Prevent Me From Renewing My Daycare License?
If you operate a child-care program in New York, renewal season can feel like a final exam—and if you’ve had OCFS violations, it’s even more stressful. Before you begin, consider speaking with a seasoned, knowledgeable daycare licensing attorney who understands how the Office of Children and Family Services (OCFS) and NYC DOHMH...
Expanding Access to Family Offense Petitions: How “Melanie’s Law” Reflects Modern Family Relationships in New York
In 2024, New York lawmakers passed a landmark amendment known as “Melanie’s Law”—a reform that fundamentally expands who may seek an order of protection in Family Court. By amending Family Court Act §812, the Legislature recognized that family today comes in many forms, and the law must adapt to protect people connected...
Protecting Your Daycare License in New York: A Daycare Defense Attorney’s Complete Guide to OCFS & DOH Violations
Running a daycare in New York means balancing the joy of caring for children with the constant pressure of compliance. The Office of Children and Family Services (OCFS) and the Department of Health (DOH) impose exacting standards on every program—from home-based care to group centers. One inspection, one anonymous complaint, or one...
Received an OCFS or DOH Violation in New York? What Daycare Providers Should Do Next
If you’ve just received a Notice of Violation or Summons from the New York State Office of Children and Family Services (OCFS) or the Department of Health (DOH), the situation can feel overwhelming.
Even minor infractions—like missing documentation or expired training—can snowball into license suspension or revocation if not...