Photo: Khalik Allah for New York Magazine
“My infant son was torn from my arms by ACS when he was just a few days old and put into foster care with strangers. I fought with all my heart and might to get him back for nearly three years. After my son came home, we’ve been fighting to right that devastating wrong. And because of today’s win, our fight continues—for our family and thousands of other families.”
Mr. W
K.W. v. The City of New York
Date Filed:
April 2, 2025
Co-Counsel:
WilmerHale LLC, Brustein Law PLLC, and Risman & Risman P.C.
Relevant Documents:
Brief
Decision
Oral Argument:
Oral argument was held on December 1, 2025 in the United States Court of Appeals for the Second Circuit
Coverage of the Case:
New York Magazine: A father’s yearslong struggle to regain custody of his son
Gothamist: NYC illegally took newborn from father, keeping them apart for 3 years, court says
The Imprint: A New York Dad Celebrates a Legal Win, Years After His Newborn Was ‘Torn’ From His Arms
On May 20, 2026, the United States Court of Appeals for the Second Circuit issued a major decision holding that a Mr. W and his son K.W. adequately alleged that New York City’s Administration for Children’s Services (ACS) unconstitutionally separated them without a court order, made intentionally or recklessly false statements once they brought the case to family court, and then kept them separated for nearly three years without due process.
Background:
Six days after Mr. W. brought his son, K.A., home from the hospital to their Bronx apartment after his birth, the New York City Administration for Children’s Services (“ACS”) took him away in what ACS calls an “emergency removal,” without a judge’s order and without even allowing Mr. W. to say goodbye. Although ACS filed a neglect petition against his son’s mother, ACS never alleged that K.A. was unsafe in Mr. W.’s care and never charged Mr. W. with mistreating his son. ACS sent K.A. to live with strangers for the next two years and eight months, before the family court returned him to Mr. W.’s custody. Mr. W. never had the chance to give K.A. bottles and change his diapers, missed his first steps and first words, and was deprived of providing loving support to his son.
Representing Mr. W. and K.A. on appeal in the United States Court of Appeals for the Second Circuit, FJLC, along with co-counsel WilmerHale, Brustein Law, and Risman & Risman, argue, inter alia, that ACS’s “emergency removal” of K.A. violated his Fourth Amendment right to be free from unconstitutional seizure. The appeal also contends that ACS violated Mr. W.’s and K.A.’s due process rights to being together as a family over the next three years.