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...
When Co-Parenting Breaks Down: How Three New York Mothers Fought for Sole Custody—and Won
Gilmer Law Firm, PLLC | Brooklyn Family Law Attorney | Call 718-864-2011 for a Consultation
At Gilmer Law Firm, PLLC, located in Brooklyn, New York, we understand how challenging custody arrangements can become when co-parenting stops working. While many families begin with joint custody agreements—often in the hope of...
Joint Custody Upheld Despite Family Conflict: A Look at Christina E. v. Clifford F. and the Best Interests of the Child
In the recent custody decision Matter of Christina E. v. Clifford F., 200 A.D.3d 1111 (3d Dept. 2021), the Appellate Division, Third Department upheld the Family Court’s order granting joint legal custody of a child, with primary physical custody to the mother, despite allegations of corporal punishment and sibling conflict in the...
When Deception Backfires: Appellate Court Reverses Custody Decision in Brooklyn Family Court Case
In a significant appellate decision from the Second Department, Matter of Chaloeicheep v. Hanrahan, 192 A.D.3d 1014 (2d Dept. 2021), the court reversed a Brooklyn Family Court order awarding residential custody to the father, despite serious credibility issues surrounding his conduct. This case serves as a reminder of the importance of truthfulness...
Can a Non-Parent Get Custody of a Child in New York?
In New York, custody disputes usually occur between parents—but what happens when someone who isn’t a biological or legal parent seeks custody of a child?
At Gilmer Law Firm, PLLC, located in Downtown Brooklyn, we often get calls from concerned relatives, former partners, or family friends asking:
Can a Parent Prevent the Other Parent from Moving Out of State With the Children?
At the Gilmer Law Firm, PLLC, many Brooklyn parents come to us with urgent questions about relocation and child custody, often asking:
“Can I stop the other parent from moving out of New York with our child?”
The answer is yes—but time is of the essence.
Vacating a Default Order in Brooklyn Family Court: Protecting Your Custody, Visitation, and Support Rights
At the Gilmer Law Firm, PLLC, based in Brooklyn, New York, we often represent parents who have missed Family Court hearings and are shocked to learn that they’ve lost custody, visitation, or even had child support orders entered against them by default. Fortunately, under the law, there are ways to vacate default...