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Wednesday, January 19, 2022

How to Protect Assets in a Divorce


When you think of the word “divorce,” you probably think of the phrase “emotionally taxing.” You probably also think of the phrase “financially taxing.” You’re right to have those thoughts on both fronts. Divorces can take emotional and financial tolls that involved parties often dread and want to avoid. You can’t bury your head in the sand to protect yourself from the pain of a divorce, but you can take steps to protect your financial interests.
Read more . . .


Wednesday, January 19, 2022

Parent’s Rights against ACS in New York


It can be thoroughly frightening and devastating when the state intervenes in the relationship between you and your child. If the New York Administration for Children’s Services (ACS) has contacted you about the welfare of your child, someone reported you or your child’s caregiver to the state for potential child abuse or neglect. You need to react appropriately and quickly if this happens. You also don’t want to face this kind of allegation without the help of a skilled attorney who is a regular advocate for parents’ rights against the ACS. At the Gilmer Law Firm, PLLC, George Mark Gilmer is that skilled attorney, and our Read more . . .


Saturday, December 25, 2021

How do you expunge an ACS case?


As an ACS Defense Attorney at the Gilmer Law Firm, PLLC, I have for twenty years represented people indicated by ACS (CPS) and have helped many expunge their cases. My clients ask me how do I expunge a finding against me?  I tell them expunging a case is a two step process, first you must get it sealed. This can either happen after an Administrative review of your case by OCFS or after a fair hearing that you win.  After that you must write a letter to OCFS stating that you want the case expunged. The Administrative Law Judge (ALJ) in a fair hearing case can only seal a case, the ALG has no authority to expunge a case.
Read more . . .


Thursday, December 23, 2021

How do you win a relocation case in New York? Written by a Family Law Custody and Divorce Attorney


As a New York Family Law and Relocation Attorney at the Gilmer Law Firm, PLLC I have litigated many cases where a parent wants to relocate with a child.  This article is far parents that want to relocate although I have represented parents on both sides.

In order to win a relocation case you must convince the court whether the move will be in the best interests of the child. All of the relevant facts and circumstances of the case will considered by the Supreme (in a Divorce proceeding) or Family Court.  Although the rights of the parents will be considered by the Court, the most important consideration are the rights and need of the child because they are the innocent victims of their parent’s divorce or separation and are the least equipped to handle the challenges of their changed family situation.


Read more . . .


Thursday, December 23, 2021

What is a permanency planning hearing? Written by New York ACS Defense Attorney


As a New York ACS Defense attorney at the Gilmer Law Firm, PLLC, based in Brooklyn, I have represented parents in all five boroughs in abuse or neglect proceedings for the past twenty years. My clients often ask me “what is a permanency planning hearing?” I tell them that the Family Court Act Article 10-A is the law that applies to permanency hearings for children that have been removed and not in their parent’s home. The point of the hearing is to ensure that children placed out of their homes have a timely review by the Court which promotes their safety and well being. The hearings are scheduled every six months. 

 

The Law

 

When a child is removed from the custody of a parent for alleged neglect or abuse, ACS is responsible for developing a permanency goal and a permanency report.


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Tuesday, December 21, 2021

What are reasonable rights of visitation? Written by Brooklyn, New York Visitation Attorney


At the Gilmer Law Firm, PLLC, in my 20 years of experience as a a Brooklyn, New York Visitation Attorney, I have represented numerous parents in all five boroughs seeking parenting time in Family Court and Supreme Court Divorce proceedings. This article will delve into what is reasonable regarding a parent’s visitation rights in New York. What is reasonable often depends on a number of factors which I will discuss below. This article presumes that two parents are willing to negotiate a  schedule with or without Court. Sometimes parents get well along enough that they don’t need Court intervention to figure out a proper schedule.
Read more . . .


Monday, December 20, 2021

Has ACS accused you of mental illness? Written by New York ACS Defense Attorney


As a Brooklyn, New York based ACS Defense Attorney I have successfully represented parents in all five boroughs with mental illnesses and parents alleged of having mental illness and as a result accused by Administration of Children’s Services (ACS) of neglecting their child.This representation has taken place in Family Court and before the Office of Children and Family Services (OCFS) for parents indicated for neglect.  Just because a parent has a mental illness does not mean their child is in danger because of this mental illness and it does not mean that their child will be taken from them.  This article summarizes the law regarding mental illness and what factors a New York Family Court or OCFS may look at in determining whether to make a neglect finding. 

 

The United States Supreme Court has held that the “…primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition.


Read more . . .


Sunday, December 19, 2021

Have you been accused of Educational Neglect? Written by a New York ACS Defense Attorney


As an New York ACS Defense Attorney for the past twenty years I have represented a number of clients in Educational Neglect matters. If you are accused of this because of a child’s excessive absence from school you will have to give a reason for these absences to avoid a finding against you. 

 

What is Educational Neglect?

 

 


Read more . . .


Saturday, December 18, 2021

How to prove parental alienation in custody disputes. Written by a New York Family Law Attorney


As a Parental Alienation  attorney in New York I have litigated many custody battles involving this issue in both Divorce actions and in Family Court. If you can prove that alienation indeed exists it can justify you being awarded custody or a modification of a current custody order in your favor. Certain fact patterns often exist in parental alienation (PA) cases. It occurs when a child rejects one parent completely due to no fault of that parent. Children that have been alienated express a deep seeded hatred of the other parent and sometimes this animosity is directed to that parent’s extended family as well.


Read more . . .


Sunday, December 12, 2021

How do I win my custody battle in New York?


As a Brooklyn, New York Custody Attorney I have taken numerous custody cases to trial both in Family Court and Supreme Court (in cases of Divorce).  The parent that wins the custody battle is the parent that can show to the Court that it would be in the best interests of the child to be with them.

 

In determining the best interests of the child the Court will look at the totality of circumstances. The person that wins at a custody trial is the one that presents the best evidence. It is important to know what criteria the Court uses to determine best interests.


Read more . . .


Monday, November 8, 2021

Business Valuations in a New York Divorce, by George Mark Gilmer, Esq.


 Hello. I am a Brooklyn, New York City Divorce attorney. I have handled multiple cases that involved the valuation of a business in a divorce. This article will explain the procedure of valuing a business and the common issues that arise.

 

In a divorce where a business is involved if the two parties can’t agree to the value of the business an expert will need to be hired (usually a CPA with extensive experience in valuing businesses).
Read more . . .


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