Stephen Bilkis

Stephen Bilkis graduated from Touro Law School in 1997. Soon after he passed the bar exam of New York and established the Law Offices of Stephen Bilkis & Associates. In over 20 years of practice, Mr. Bilkis has successfully represented scores of clients throughout Nassau County, Suffolk County, Westchester County, Queens, Brooklyn, Bronx, Manhattan, Long Island, and Staten Island in matters related to personal injury, probate law, criminal law, and family law.

Mr. Bilkis strongly believes that each client is unique and each case is different. His solutions are never “one size fits all.” He prides himself on listening to his clients, reviewing all facets of each case, and using his deep knowledge of New York law to come up with individualized solutions for each client.

Stephen Bilkis has been a member of various national and local bar organizations and associations including the New York State Bar Association, American Prepaid Legal Institute, the American Association for Justice, AARP Legal Services Network, and the New York State Trial Lawyers Association.

Stephen Bilkis and the staff at the Law Offices of Stephen Bilkis & Associates have well-earned reputations as knowledgeable and effective attorneys who fight for their clients’ legal rights. Because of this, the firm, its attorneys, and some of their notable cases or clients, in whole or in part, have been mentioned on several media outlets including CNN, CBS, CNBC, and ABC New York, as well as in the New York Times, New York Post and Newsday.

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Stephen Bilkis & Associates

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New York State Bar  # 2842938

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Q. Can a former foster parent obtain parental rights or access to a child now returned to their biological parents?

March 25, 2025

A: I understand that this is likely a very emotional situation for you, especially after forming a strong bond with the child during the foster placement. In New York, however, the law gives significant weight to the rights of biological parents, particularly when those rights have not been terminated and the child has been returned to their care.

As a former foster parent, your role was temporary and based on the child being in the custody of the local department of social services. Unless your parental rights were established through a legal adoption or guardianship proceeding, you do not have standing to assert full parental rights once the child has been reunified with their biological parents. The fact that there was no termination of parental rights means the biological parents have retained full legal authority over their child, and that authority resumes fully upon reunification.

That said, you may be able to request visitation or contact under limited circumstances. New York courts have recognized that foster parents may, in rare cases, seek visitation rights when they can demonstrate that they had a meaningful, ongoing relationship with the child and that continued contact would serve the child’s best interests. However, this is not an automatic right and is not commonly granted. You would need to petition the Family Court for visitation and show that you have developed a substantial parental-like bond with the child and that cutting off contact would be harmful to their well-being.

The court will carefully weigh the rights of the biological parents, who have a constitutional right to raise their child without interference, against any potential benefits to the child from maintaining a relationship with you. Courts are generally reluctant to override parental decisions unless there is clear and convincing evidence that such contact is necessary to promote the child’s emotional welfare.

If the biological parents are open to ongoing contact, it may be possible to arrange visitation informally without involving the court. However, if they object and you still wish to pursue contact, it would be important to consult with a family law attorney familiar with New York visitation rights and foster care law. An attorney can help assess whether your relationship with the child is strong enough to support a formal petition.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York. ... Read More

Q. Who can I report an illegal property sale to, and can it be reported as stolen if family members without legal interest sold it?

March 25, 2025

A: I'm sorry you're facing this situation—it can be deeply upsetting to discover that family members may have transferred or sold property without any legal authority. Based on the facts you've shared, it appears that your late father passed away intestate (without a will), and the property was still titled solely in his name. Under New York law, when someone dies without a will, their assets—including real property—pass to their heirs by intestate succession, but formal legal action is required to transfer title.

Because you and your siblings never filed for administration of your father's estate, no one had the legal authority to transfer or sell the property. Your father's siblings (your uncles and aunts) would generally not have any legal interest in the property if he had children, as New York's intestacy laws prioritize the decedent's children before extended family members. If they sold the house without going through the Surrogate's Court and without being appointed as legal representatives of the estate, the transaction may be invalid or fraudulent.

You should promptly report this situation to the Surrogate's Court in the county where the property is located. You will likely need to petition to become the administrator of your father's estate, since no probate or administration was initiated after his death. Once appointed, you will have the legal authority to investigate the sale, request title documents, and take action on behalf of the estate.

Additionally, if documents were forged or false representations were made in connection with the sale, you should also file a report with the District Attorney’s Office in the county where the property is located. You may also consider contacting the New York State Attorney General's Real Estate Finance Bureau, especially if the sale involved deceptive practices.

Although real property cannot be reported as “stolen” in the traditional sense like a vehicle or object, fraudulent conveyance of real estate can be criminal, particularly if it involved forgery, misrepresentation, or filing false instruments. A criminal complaint can potentially be investigated for fraud, grand larceny, or related offenses.

In addition to these steps, you should consult with an experienced New York probate or real estate litigation attorney as soon as possible. An attorney can help you seek to void the fraudulent deed, recover estate property, and possibly file a lawsuit to address the financial harm caused.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York. ... Read More

Q. Can a judge decide a civil family court case without providing requested lawyer?

March 25, 2025

A: I understand how upsetting and confusing this experience must have been, especially when you were expecting legal representation and were asked to proceed without it. In New York Family Court, whether a judge can proceed and make a decision without assigning counsel depends on the type of case and the specific rights involved.

In civil family court proceedings, the right to a court-appointed attorney is limited to certain types of cases. Under Family Court Act § 262, a party has a right to assigned counsel if they cannot afford one in cases such as child custody or visitation, abuse or neglect proceedings, termination of parental rights, and family offense petitions. If your case falls under one of these categories and you qualify financially, the court is required to appoint an attorney for you if you request one.

If the court acknowledged your request and sent forms to determine your eligibility, then your right to counsel was being processed. If the judge proceeded with the hearing and made a decision without ensuring that your request had been fully reviewed and that you were given the opportunity to be represented, this could be a violation of your rights—if the case is one in which representation is mandated under the law. The judge should not finalize a decision in such matters without first resolving the issue of legal representation.

The fact that the court claimed not to have received your completed forms during the hearing and asked you to send them again suggests a procedural issue. Once you resubmitted the forms, the court should have reviewed them before taking further steps in your case. If the judge went ahead and issued a decision after the hearing—without resolving the question of your eligibility for a free attorney—this may give you grounds to seek relief.

You can consider filing a motion to vacate or set aside the order if you believe your rights were violated due to the lack of representation. You may also be able to file an appeal, depending on the type of order and the deadlines involved. If you do qualify for assigned counsel, you should request one as soon as possible to assist you with either of these options.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York. ... Read More