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?

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 Continue reading…

Can ACS Keep Filing New Allegations After Losing in Court? Understanding Double Jeopardy Like Protections in New York Neglect Cases

You just won your Article 10 neglect case in New York Family Court. The judge dismissed the petition because ACS didn’t have enough evidence. But a few weeks later, you receive a new petition — and the allegations look eerily similar.

Is ACS allowed to come after you again...

Can ACS Keep Filing New Allegations After Losing in Court? Understanding Double Jeopardy Like Protections in New York Neglect Cases Continue reading…
Figures of family are separated by judge's gavel. Family law, divorce lawyer and alimony concept.

How to Approach Sealing an Indicated SCR Report After a Family Court Neglect Finding: Legal Strategy and Pitfalls to Avoid

If you’ve been indicated for child neglect and your name appears in the New York State Central Register (SCR), you may be wondering whether you can have that report sealed or amended. For many, this record can create serious barriers to employment—especially in child-related professions. At The Gilmer Law Firm, PLLC, we...

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The Role of the Attorney for the Child and Determining the Preferences of the Child in a Custody Battle in New York

In New York child custody litigation, the role of the Attorney for the Child (AFC) is critical—not only as an advocate but as a developmentally informed representative of the child’s expressed preferences. When parents are engaged in a custody dispute, the court may appoint an AFC to represent the child’s legal interests....

The Role of the Attorney for the Child and Determining the Preferences of the Child in a Custody Battle in New York Continue reading…
Appeal Indicated ACS or CPS Case In New York - Clear Your Name

Fighting Indicated ACS and CPS Cases in New York: Asserting Your Rights and Clearing Your Name

For over two decades, The Gilmer Law Firm, PLLC has represented parents, educators, medical professionals, law enforcement officers, and childcare providers who’ve been indicated in ACS (Administration for Children’s Services) or CPS (Child Protective Services) cases. If your name has been flagged in...

Fighting Indicated ACS and CPS Cases in New York: Asserting Your Rights and Clearing Your Name Continue reading…