Why Choose Us?
At Gilmer Law Firm, PLLC, we understand how devastating it can be to face allegations of child abuse or neglect or the possibility of losing custody of your children. With over 20 years of experience defending parents in Brooklyn Family Court, we provide dedicated legal representation focused on protecting parental rights and keeping families together.
- Over 20 years of family law and ACS defense experience
- Strong advocacy in child protective proceedings
- Representation in foster care and child removal cases
- Personalized legal guidance throughout Family Court proceedings
- Dedicated support for family reunification and parental rights protection
Facing an ACS investigation or having your children removed from your home can leave you uncertain about your rights and your family’s future. The New York City Administration for Children’s Services (ACS) may bring child abuse or neglect allegations before Family Court, where a judge can determine whether your children can safely remain at home or must be placed elsewhere. Our Brooklyn parental rights lawyer at Gilmer Law Firm, PLLC, helps parents challenge allegations, navigate child protective proceedings, protect visitation rights, and pursue reunification with their children.
What Happens When ACS Accuses You of Child Abuse or Neglect?
When ACS files a child protective petition, Brooklyn Family Court examines the allegations and determines whether protective action is necessary. Depending on the circumstances, the court may allow your children to remain at home under supervision or authorize temporary removal while the case proceeds.
A child protective proceeding may involve:
- Allegations of child abuse or neglect
- Emergency child removal or temporary foster care placement
- Court hearings to determine whether allegations are supported
- Supervised visitation or required family services
- Decisions regarding custody, placement, and family reunification
An ACS allegation does not automatically mean you will lose custody or parental rights. A Brooklyn ACS defense attorney can review the evidence, challenge unsupported claims, and advocate for your family throughout the legal process.
Can ACS Remove My Children From My Home?
Yes. ACS may seek a Family Court order to remove children when their safety is at risk. In certain emergencies, children may also be removed without a prior court order. However, parents have legal rights to challenge removal and request that their children be returned.
Under New York Family Court Act Section 1028, eligible parents may request a hearing regarding the return of a temporarily removed child. Except where good cause or other statutory limitations apply, the hearing generally must occur within three court days of the application.
Our Brooklyn child removal lawyer can help you understand your legal options, challenge the need for continued placement, and pursue your children’s safe return home.
What Are the Steps in an ACS Child Protective Proceeding?
An ACS child protective case may involve several court appearances, investigations, and decisions affecting your family’s future.
The five main stages are:
- ACS investigation: ACS investigates reported concerns about a child’s safety and may recommend services or seek court intervention.
- Family Court petition: ACS may file allegations of abuse or neglect and request protective orders or temporary placement.
- Initial removal hearings: The court reviews immediate safety concerns and whether children should remain at home or be temporarily placed elsewhere.
- Fact-finding hearing: The judge considers evidence and determines whether the allegations have been proven.
- Disposition and reunification: If the court makes a finding of abuse or neglect, it determines appropriate supervision, services, placement, or other protective measures.
At Gilmer Law Firm, PLLC, we explain each stage, prepare parents for court appearances, and provide representation focused on protecting their relationship with their children.
What Happens if My Children Are Placed in Foster Care?
If your children enter foster care, you generally retain important parental rights unless a court restricts them. These may include visitation, participation in planning for your children’s future, and access to appropriate information concerning their education, health, and well-being.
Our Brooklyn foster care attorney helps parents address important issues, including:
- Establishing and maintaining regular visitation
- Requesting additional parenting time when appropriate
- Identifying relatives who may provide suitable care
- Addressing ACS service plans and reunification requirements
- Staying informed about children’s educational and medical needs
- Demonstrating that the home can provide a safe environment
Family Court and ACS must consider applicable requirements concerning reasonable efforts toward reunification. Our firm advocates for appropriate family placement options and works to prevent unnecessary separation whenever legally possible.
How Can I Get My Children Back From ACS?
Reuniting with children removed by ACS generally requires addressing the safety concerns that led to their removal and demonstrating that returning home will not expose them to an imminent risk of harm. Parents may seek court review of temporary removal and work toward reunification through appropriate services and planning.
Important steps may include:
- Consult a Brooklyn parental rights attorney promptly.
- Review the ACS allegations and existing court orders.
- Maintain consistent contact and visitation with your children.
- Address court-ordered requirements and relevant safety concerns.
- Develop a suitable plan for your children’s return home.
- Request appropriate court hearings or modifications when justified.
At Gilmer Law Firm, PLLC, we help parents navigate these requirements while advocating for fair treatment and the earliest legally appropriate opportunity for family reunification.
Can ACS Terminate My Parental Rights if My Children Remain in Foster Care?
Yes, parental rights may be terminated through a separate legal proceeding when statutory grounds are established. However, placement in foster care does not automatically terminate parental rights.
Under certain circumstances, a termination petition may be required when a child has spent 15 of the most recent 22 months in foster care, subject to important legal exceptions.
Maintaining contact with your children, participating in appropriate reunification efforts, and addressing safety concerns can be important factors in protecting your parental rights.
If you are concerned about losing your children permanently, our Brooklyn parental rights attorney can evaluate your circumstances and represent your interests in Family Court.
Contact Our Brooklyn Parental Rights Lawyer Today
If ACS has accused you of abuse or neglect, removed your children, or placed them in foster care, you do not have to navigate the legal process alone. At Gilmer Law Firm, PLLC, we bring over 20 years of experience defending parents in Brooklyn Family Court and advocating for family reunification. We are committed to protecting your parental rights, challenging unsupported allegations, and helping you pursue the return of your children.
Contact our Brooklyn parental rights lawyer today to discuss your options.
FAQs
Can I fight ACS if they take my children in Brooklyn?
Yes. Parents can challenge an ACS child removal through Family Court proceedings. Depending on the circumstances, you may request a hearing under New York Family Court Act Section 1028 to seek your children’s return. An attorney can help present evidence and challenge continued removal.
Can I visit my children while they are in foster care?
Generally, yes. Parents often retain visitation rights while their children are in foster care unless a court orders restrictions. You may also request changes to visitation arrangements when appropriate. Maintaining regular contact can support your relationship with your children and reunification efforts.
Does an ACS neglect finding mean I will permanently lose my children?
No. A finding of neglect does not automatically terminate parental rights. Family Court may order supervision, services, or temporary placement depending on the circumstances. Termination of parental rights requires a separate legal process, and parents have opportunities to contest the allegations.