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....
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...
When Grandparents Seek Visitation in New York: Lessons from Matter of Bell v. Bell (2025)
At The Gilmer Law Firm, PLLC, we often receive calls from grandparents who have been cut off from their grandchildren. New York law does recognize the right of grandparents to petition for visitation — but it’s not automatic. The recent Appellate Division decision in Matter of Bell v. Bell (2025 NY Slip...
Understanding Temporary Orders of Protection in New York Family Court
If you or someone you love has been served with a temporary order of protection in Family Court, it’s essential to know what it means, what it doesn’t mean, and how to respond strategically. A temporary order of protection is not a finding of wrongdoing. It’s a preventive measure designed to protect...
When Accused Under Public Health Law § 2803-d: How New York Administrative Law Attorneys Protect Health-Care Workers
When a nurse, aide, or facility employee is accused of abuse or neglect in a New York residential health-care setting, the stakes could not be higher.
Under Public Health Law § 2803-d, even an allegation of mistreatment can trigger an administrative investigation by the Department of Health (DOH), possible...
New York Article 78 Attorney Explains How to Appeal a Department of Health Decision Under Public Health Law § 2803-d
When the New York State Department of Health (DOH) issues a determination under Public Health Law § 2803-d, a nurse, aide, or facility administrator may suddenly find their professional future in jeopardy. The only legal pathway to challenge that determination in court is through a CPLR Article 78 proceeding.
This guide, prepared by...
What Is an Order of Protection for Aggravated Harassment in New York Family Court?
At Gilmer Law Firm, PLLC, we know how urgent it feels when you are facing an order of protection in Brooklyn Family Court. Whether you are the petitioner seeking safety or the respondent accused of harassment, the consequences can affect your family, your home, and even your job. An experienced Brooklyn Family...
Do Allegations of Parental Alienation Affect Custody in Brooklyn Family Court?
One of the most challenging issues in custody cases is when one parent claims the other is engaging in parental alienation. This behavior, often described as intentional attempts to damage the child’s relationship with the other parent, can directly influence the outcome of custody decisions. Parents frequently ask: If the other parent...