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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Q. Is the following parental alienation?

January 20, 2025

A: Parental alienation is a complex and contentious issue in family law, and the examples you provided raise concerns about actions that could fall under this category. In New York, parental alienation refers to behaviors by one parent that intentionally undermine or interfere with the relationship between a child and the other parent. Courts take allegations of parental alienation seriously, as it can harm the child’s well-being and affect custody and visitation arrangements.

Example One: Denial of Access Based on Mental Health Accusations

In the first example, one parent is accused of being mentally unstable and a danger to the child, but an independent mental health evaluation finds no evidence to support these claims. Despite this, the accusing parent and in-laws ignore the documentation and continue to deny access to the child.

This situation raises concerns about potential parental alienation. Ignoring objective evidence that clears the accused parent of wrongdoing and continuing to deny access to the child may indicate an effort to harm the parent-child relationship without justification. If these actions are intentional and ongoing, they could be considered parental alienation. Denying access based on unsubstantiated accusations can also violate a custody or visitation order if one is in place. Courts generally view such behavior as harmful to the child’s relationship with the other parent.

Example Two: Substance Use Accusations and Blocked Communication

In the second example, a parent in recovery from substance use disorder is accused of active use. After providing a negative drug test, the accusing parent and in-laws still block communication and prevent access to the child.

This behavior may also constitute parental alienation if it is done without a valid legal basis or in violation of a custody or visitation order. While concerns about substance use can sometimes justify temporary restrictions on access to ensure the child’s safety, the accusing parent’s refusal to acknowledge the negative drug test and their continued efforts to block communication may reflect an attempt to isolate the child from the other parent. This pattern of behavior could negatively impact the child’s relationship with the accused parent and may be viewed unfavorably by the court.

Legal Remedies in Parental Alienation Cases

If you believe you are experiencing parental alienation, the following steps may help address the situation:

Document the Alienation: Keep detailed records of incidents where access to your child was denied, communications were blocked, or accusations were made without basis. Include dates, times, and any relevant documentation, such as the results of your mental health evaluation or drug tests.

Review Custody and Visitation Orders: If a custody or visitation order is in place, check whether the other parent’s actions violate the terms of the order. Denying access or blocking communication may constitute a violation.

File a Petition for Enforcement: If the other parent is violating a court order, you can file a petition for enforcement in Family Court. The court can require the other parent to comply with the order and may impose penalties for violations.

Request a Custody Modification: If the alienation continues and harms your relationship with your child, you can request a modification of the custody order. Courts consider the best interests of the child, and ongoing parental alienation can be a factor in granting greater access or custody to the affected parent.

Seek Therapy or Counseling: Family therapy or counseling can help address the underlying issues and improve communication between parents. It can also provide support for the child, who may be caught in the conflict.

Disclaimer: 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 my wife legally throw away my possessions if we separate but aren't divorced?

January 20, 2025

A: I'm sorry to hear about the difficulties you're facing. Understanding your rights in this situation is essential to addressing the loss of your possessions and any potential legal remedies.

In New York, separation does not dissolve the marital relationship. While you and your wife are separated and not living together, you remain legally married until a divorce is finalized. This means that marital property—including personal possessions acquired during the marriage—remains subject to equitable distribution under New York law. Even if the property is located in a home rented from her parents, you still retain rights to your belongings unless there is a court order or agreement stating otherwise.

Throwing Away or Keeping Possessions Without Consent

Throwing away or retaining your personal property without your consent may constitute a violation of your rights. Under New York law, if your wife or her parents disposed of your possessions without your permission, this may be considered wrongful and could give rise to a civil claim for conversion or trespass to chattels. If her father kept your tools or other items, this could also be considered conversion, which involves someone taking or withholding another person's property without lawful justification.

It is also notable that, because you were not served an eviction notice, you were not legally required to vacate the premises or remove your belongings within a specific timeframe. Her parents, as the property owners, cannot simply dispose of your possessions without following the proper legal procedures.

Steps You Can Take

--Contact Your Wife and Her Parents: Attempt to resolve the matter amicably by contacting your wife and her parents to request the return of your property or compensation for the items that were disposed of. Document your communication efforts in case further action is needed.

--File a Police Report: If they refuse to return your possessions or compensate you, consider filing a police report for the missing or disposed-of items. While this is typically a civil matter, a police report may provide evidence of the incident.

--Seek Legal Remedies: If informal efforts are unsuccessful, you can file a civil lawsuit for conversion or trespass to chattels to seek compensation for the value of the lost or withheld property. An attorney can help you assess the strength of your claim and guide you through the process.

--Document Your Losses: Compile a detailed list of the items that were thrown away or withheld, including their approximate value. If you have receipts, photos, or other proof of ownership, gather this evidence to support your case.

It’s worth noting that, because you and your wife are still married, the court may treat the possessions as marital property subject to division in a divorce proceeding. However, throwing away or keeping items without agreement or legal authority could negatively impact your wife’s position in any property dispute during a divorce. Consulting with a family law attorney will help you protect your rights and determine the best course of action in your specific situation.

Disclaimer: 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 my wife legally throw away my possessions if we separate but aren't divorced?

January 20, 2025

A: I'm sorry to hear about the difficulties you're facing. Understanding your rights in this situation is essential to addressing the loss of your possessions and any potential legal remedies.

In New York, separation does not dissolve the marital relationship. While you and your wife are separated and not living together, you remain legally married until a divorce is finalized. This means that marital property—including personal possessions acquired during the marriage—remains subject to equitable distribution under New York law. Even if the property is located in a home rented from her parents, you still retain rights to your belongings unless there is a court order or agreement stating otherwise.

Throwing Away or Keeping Possessions Without Consent

Throwing away or retaining your personal property without your consent may constitute a violation of your rights. Under New York law, if your wife or her parents disposed of your possessions without your permission, this may be considered wrongful and could give rise to a civil claim for conversion or trespass to chattels. If her father kept your tools or other items, this could also be considered conversion, which involves someone taking or withholding another person's property without lawful justification.

It is also notable that, because you were not served an eviction notice, you were not legally required to vacate the premises or remove your belongings within a specific timeframe. Her parents, as the property owners, cannot simply dispose of your possessions without following the proper legal procedures.

Steps You Can Take

--Contact Your Wife and Her Parents: Attempt to resolve the matter amicably by contacting your wife and her parents to request the return of your property or compensation for the items that were disposed of. Document your communication efforts in case further action is needed.

--File a Police Report: If they refuse to return your possessions or compensate you, consider filing a police report for the missing or disposed-of items. While this is typically a civil matter, a police report may provide evidence of the incident.

--Seek Legal Remedies: If informal efforts are unsuccessful, you can file a civil lawsuit for conversion or trespass to chattels to seek compensation for the value of the lost or withheld property. An attorney can help you assess the strength of your claim and guide you through the process.

--Document Your Losses: Compile a detailed list of the items that were thrown away or withheld, including their approximate value. If you have receipts, photos, or other proof of ownership, gather this evidence to support your case.

It’s worth noting that, because you and your wife are still married, the court may treat the possessions as marital property subject to division in a divorce proceeding. However, throwing away or keeping items without agreement or legal authority could negatively impact your wife’s position in any property dispute during a divorce. Consulting with a family law attorney will help you protect your rights and determine the best course of action in your specific situation.

Disclaimer: 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