When parents are accused of abuse or neglect in a Family Court proceeding in Brooklyn or throughout New York State under Article 10 of the Family Court Act, the impact can be swift and severe. Even before a trial is held, judges often issue orders which result in limiting or suspending visitation between a parent and child. But do you have a right to a hearing before this happens?
Recent case law gives Brooklyn family law attorneys powerful arguments to assert due process rights on behalf of their clients.
Understanding Visitation Restrictions in Article 10 Cases
- Overview of how ACS files petitions under Article 10 in Kings County Family Court.
- Judges may issue temporary orders that severely restrict visitation — even if children are not removed from the home.
- Examples: supervised visitation only, suspension of visits, no one-on-one time with the child.
What the Law Says About Due Process
- Review Matter of Elizabeth C. (2d Dept 2017): Applying 1028-like standards to removals of a parent, not just the child.
- Introduction to Crawford v. Ali and its application in criminal court: Temporary protective orders that significantly affect a person’s rights require a prompt evidentiary hearing.
- How attorneys are now arguing these same principles apply in Article 10 neglect cases.
How These Cases Protect Your Rights in New York Family Court
- Practical application: If a judge limits your parenting time without a hearing, your attorney can request one under due process principles.
- Crawford + Elizabeth C = strong argument for challenging temporary orders that marginalize the parent.
Practice Tip from a Brooklyn ACS Attorney
- Strategy tip: Always object on the record and demand a prompt hearing if visitation is limited.
- Include language your attorney should use to preserve the issue for appeal.
- Emphasize that crying or fear by a child (see Matter of Cruz or Cali M) is not always enough without hearing from both sides.
Why Choose Gilmer Law Firm, PLLC
- Over 20 years of experience defending Brooklyn parents in Article 10 proceedings.
- Aggressive advocacy for due process rights and fair hearings.
- Located at 15 MetroTech Center, we represent families in all Brooklyn Family Court neglect cases.
- Contact us today at (718) 864-2011 for a free consultation.
Conclusion
If your parenting time has been restricted without a hearing, you have rights. At Gilmer Law Firm, PLLC, we know how to fight back using the latest legal decisions to protect your family and your future.
