BROOKLYN, N.Y. - Dec. 7, 2020 - Brooklyn Family Court Judge Jacqueline Williams, heard the case of ACS v. M.Q. under docket number 2020-08858. The facts are that our client's new born baby had several injuries which the parents simply did not commit. ACS without proof, accused the parents of injuring the child and removed all three children. When a child is injured ACS will accuse the parents and any explanation provided by the parents will not be enough for ACS. The goal of ACS is to remove the children from their parents.
After months of hearings, the court held that the two older children should be returned to the parents. " These cases are tragic" Mr. Discioarro said. " Parents are completely glide sided by ACS." There is no way that these parents harmed these children in any way.
In many cases, the respondent parent or guardian can move to have the child released to his or her care pending the final outcome of the case. The hearing which takes place to consider this motion is known as a "1028". It is usually held within 3 days of the removal of the child from the home or care of the parent or legal guardian.
In order to win an 1028 hearing, you must do certain things. They are as follows:
1. Collect all of the evidence
2. Meet with your attorney and discuss the entire case
3. Explore an expert witness if needed.
4. Prepare for direct examination
5. Prepare for cross-examination
You must also make sure that your attorney presents all of the evidence that helps you to the Court. The Law Offices of Michael S. Discioarro, LLC can be reached at 917-519-8417.
www.brooklynacslawyer.com
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