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Showing posts with the label nuclear ACS lawyer

CAN I SUE ACS?

 We need to revisit this topic because it comes up so often in our practice and by desperate parents who are involved in ACS cases. To begin with, what is meant by suing ACS is filing a lawsuit against the agency, the worker, and the City of New York. In order to file a lawsuit, you should obtain an attorney. While you can file a lawsuit pro se ( without a lawyer), the laws regarding suing the City and the legal procedures are simply too complicated for a non-lawyer to be effective. Thus the first obstacle is retaining a lawyer who will take your case. This is a major hurdle. Cities and states have whats called, qualified immunity. This makes them more difficult to sue. The kind of lawyer you would need is a personal injury lawyer. This may sound strange, but these are the lawyers that routinely sue NYC in court for violating the rights of citizens. There is also another major obstacle. Because these lawyers are used to suing the NYPD and various public agencies, they have very l...

MY COURT APPOINTED LAWYER IS NOT HELPING ME

This is a common complaint we hear from parents when they call us for help. They do not believe that the free court appointed lawyer is helping them. Indeed there are some structural problems with the attorneys that the court appoints to represent parents for free. First, these lawyers are often good lawyers but are overwhelmed by the amount of cases that they have to handle. Second. since they appear in front of the same judge every day and that judge signs their pay slip (18b lawyers only) they try not to "rock the boat". This can leave parents feeling like their interests are not being protected. We advise parents that they must retain a private attorney that only represents their interests. These attorneys are paid only by the client and are not influenced by the judge or opposing counsel. In cases where ACS attacks your family, always hire a private attorney to defend your rights. QUEENSACSLAWYER.COM

HOW ACS AND FAMILY COURT JUDGES PERPETUATE INEQUALITY IN NYC

New York City has made an incredible transformation in the last 20 years. NYC is now a wealthy thriving metropolis that is the envy of the world. The top talents of any field are here.  As a result, many families are struggling financially because of skyrocketing rents. This is especially true in the black community. This is where ACS is most aggressive. ACS workers target single black mothers at an alarming rate. It has been called the new family Jim Crow. ACS workers are quick to tear apart black mothers from their children and place them into foster care and place the mother into a shelter. Many single black mothers are told, "quite your job, you can go to a shelter." This adds to the ACS statistics and allows millions of dollars to flow to ACS and the foster care system. Where are the courts in all of this? Largely, the vast majority of Family Court judges are intimidated by ACS. It is politically easier for them to rubber stamp an ACS request then it is to actually h...

WHAT IS AN ACD IN FAMILY COURT

When a case completely falls apart in court, ACS offers what is called an ACD to the parent. This is an Adjournment in Contemplation of Dismissal. This means that if the parent abides by certain ACS demands the case will be dismissed after 6 months or a year. This can be a very tricky offer. It may appear like the parent is getting a break, but in fact, ACS is setting the parent up to fail and violate the terms. Make sure to have your attorney review the terms carefully and understand exactly what ACS is demanding. Brooklynacslawyer.com

THE ACS PETITION

ACS files what is called a petition. it is basically a complaint telling the court that a parent has neglected or abused their child in some way. Most parents are often shocked at the allegations that an ACS worker will throw at them. These petitions are often at odds with the truth.Thus, the vast majority of ACS investigations are quick interviews of the parent that are not recorded in any way, and are done in a way for the ACS worker to try and find something wrong with the family. This speaks to the great dysfunction that has a hold of this agency. Until, ACS properly pays, trains and supports its workers, children in need will continue to die and innocent parents will be hauled before judges to prove themselves innocent. The entire ACS system is designed to protect the jobs and livelihood of the ACS workers and their bosses. The health of the children of New York City is a distant second.

WHY IS ACS TAKING ME TO COURT?

If you find yourself in Family Coury against ACS it is because ACS filed a petition against you. In this petition you are being accused of child abuse and neglect in some form. ACS will then have to prove to the judge that you are guilty of child abuse. This will involve a trial known as a fact finding in Family Court. It is extremely important to have an attorney at this point that can help you fight the case. You can also go to fightacs.com for more information.