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....
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...
Forensic Evaluators in Custody Cases: New York’s Push for Domestic Violence-Informed Practice
In custody and visitation cases in New York Family Court, the opinions of forensic evaluators can carry tremendous weight. These evaluators—typically psychologists, psychiatrists, or social workers—are appointed by the court to assess the mental health of the parties, the needs of the children, and each parent’s capacity to provide safe and appropriate...
Unwed Fathers and Adoption in New York: A Shift Toward Fairness in Public Adoption Cases
In New York State, the rights of unwed fathers have long been the subject of complex and often contentious legal battles, especially in the context of public adoptions. Recent amendments to Domestic Relations Law § 111 and Social Services Law §§ 383-c and 384-b, codified under Chapter 828 of the Laws of...