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THE ONE BIG ADVANTAGE OF A 1028 HEARING

When a child is removed by ACS, a family is often in shock and is given conflicting advice on how to proceed. New York Family Law allows for a 1028 heating that forces ACS to prove its case before a judge or return the child. The one BIG advantage in demanding a 1028 hearing is that ACS is put under pressure to actually prove their case. During this process they often fail. As we have discusses, ACS is a highly dysfunctional agency. Therefore, in certain cases, it may be very advantageous to the parent to demand a 1028 hearing. This is not the case in each child removal. You must discuss this option with your attorney and decide if it is the best way to go in your case.

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