Leveling the Playing Field in Custody Proceedings in New York City Family Court: Enforcing the Rights of All Parents to Notice and an Unbiased Opportunity to Enforce Their Fundamental Right to Parent their Child

Authors

Dana Gambardella, Benjamin N. Cardozo School of Law

Abstract

The note argues that the Administration for Children's Services (ACS) in New York City systematically fails to notify non-respondent fathers, particularly Black fathers, of their rights and opportunities to participate in child welfare proceedings. This practice violates their fundamental constitutional right to parent and disproportionately affects low-income Black families, perpetuating racial and economic disparities in the child welfare system. The note advocates for systemic reforms, including increased accountability for ACS and the establishment of a private right of action for aggrieved parents.

Disciplines

Constitutional Law | Fourteenth Amendment | Judges | Law

Recommended Citation

Dana Gambardella, Leveling the Playing Field in Custody Proceedings in New York City Family Court: Enforcing the Rights of All Parents to Notice and an Unbiased Opportunity to Enforce Their Fundamental Right to Parent their Child, 28 Cardozo J. Equal Rts. & Soc. Just. 581 (2022).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol28/iss3/5