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.

• Car Accidents

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New York

Since 1997

Head of Law Office

Stephen Bilkis & Associates

Current

Touro College Jacob D. Fuchsberg Law Center

J.D.

10.0 Rating

Justia

AFL-CIO Union Privilege Legal Plan

Plan Administrator

Current

American Prepaid Legal Institute

Member

Current

New York State Trial Lawyers

Member

Current

New York State Bar  # 2842938

Member

1997 - Current

Union Plus Benefits for AFL-CIO Union Members Newsletter

Union Plus

Union Plus, AFL-CIO Legal Benefits Conference, Washington, DC

AFL-CIO

Gave yearly talks about employment benefit packages to the AFL-CIO Union leaders and members

Accepted Member

Writers Guild of America East

Q. How to file for divorce with potential custody and property disputes?

August 1, 2025

A: It’s understandable to feel overwhelmed when considering divorce, especially when children and shared property are involved. Planning ahead and knowing the proper steps under New York law can help you navigate the process more confidently.

In New York, you do not need to be legally separated before filing for divorce. You may file immediately if you meet the residency requirements. Most divorce filings today are based on the no-fault ground of “irretrievable breakdown” of the marriage for at least six months (Domestic Relations Law § 170(7)).

To begin, you must file a Summons With Notice or a Summons and Verified Complaint with the Supreme Court in the county where you or your spouse resides. If you expect custody and property issues to be contested, it is advisable to include a Verified Complaint detailing the relief you are seeking, such as child custody, parenting time, equitable distribution of assets and debts, and support.

Child custody in New York is determined based on the best interests of the child. If you and your spouse cannot agree, the court may appoint an attorney for the child and hold a hearing to determine legal and physical custody. The court considers several factors, including the child’s relationship with each parent, each parent’s ability to provide care, and any history of domestic violence or substance abuse.

Regarding property, New York is an equitable distribution state, which means marital property will be divided fairly but not necessarily equally. Assets and debts acquired during the marriage, including jointly held car loans, may be divided based on several factors such as each spouse’s income, financial contributions, and future financial needs (Domestic Relations Law § 236\[B]).

You may request temporary relief at the start of the case for issues like custody, child support, or exclusive use of the marital home. These requests are made by filing an Order to Show Cause or Notice of Motion, supported by affidavits.

It is highly recommended that you consult with a family law attorney to ensure your interests are fully protected. Divorce cases involving custody and contested property can become complicated and emotionally difficult.

This response is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a qualified New York matrimonial attorney. ... Read More

Q. Impact of protection order on civil case in NY

August 1, 2025

A: I'm sorry you're dealing with such a difficult situation, especially while managing both a civil case and a pending criminal matter. It can be stressful when legal issues overlap and you're uncertain about your rights and responsibilities.

In New York, an order of protection issued through a town justice court is typically a criminal court order and is enforceable once issued, regardless of whether you have physically received a copy. If your former manager has obtained an order of protection, the terms may prohibit contact or certain types of communication. If you violate the order, even unintentionally, it can lead to criminal penalties. Since you have not seen the order yet, it is very important that you obtain a copy from the issuing court immediately, either in person or through your criminal defense counsel, if you have one.

The existence of an order of protection may affect the civil case, particularly with regard to communication. Even if the other party initiates contact, you could still be in violation of the order depending on its terms. Judges generally take protective orders seriously, and continuing communication, regardless of who initiates it, may be viewed negatively by the court. You did the right thing by reporting her continued communication to the judge. Make sure to document everything, including dates, times, and the nature of the communication.

As for the civil proceedings, if the order prohibits direct contact, the court may require that all communication go through written filings or be addressed at scheduled court appearances. If necessary, the court may modify scheduling or issue instructions to ensure the order is not violated during litigation. Be prepared to raise this issue at the preliminary conference and ask for clarification about how communication should be handled going forward.

If you are facing a criminal proceeding tomorrow, that court may also clarify the scope of the protection order. You may wish to request a public defender if you do not already have one, so that your rights are protected in both matters.

This response is for general informational purposes only and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed New York attorney. ... Read More

Q. Father in nursing home against his will; stepmother controls information.

August 1, 2025

A: I'm sorry you and your father are going through such a difficult and stressful situation. It can be deeply upsetting to feel shut out of a loved one’s care, especially when they express a desire to leave a facility.

In New York, a person cannot be held in a nursing home against their will unless there is a legal reason, such as a guardianship or a medical determination of incapacity that limits their ability to make decisions about their own care. If your father is mentally competent, he generally has the right to decide where he wants to live, even if he needs assistance due to mobility issues. However, if someone has legal authority over his decisions, such as through a power of attorney or guardianship, that person may make care decisions on his behalf.

Since you mentioned that all care information is controlled by your stepmother, it is possible that she holds a healthcare proxy or power of attorney. If so, she may have the legal authority to manage his medical decisions. However, her authority does not allow her to override your father’s wishes if he remains mentally capable and expresses a clear desire to leave.

You may consider taking the following steps:

1. Speak directly with your father’s nursing home care team, including a social worker, to ask about his current medical and legal status. They may not be able to release details without authorization, but they can tell you what documentation is needed for you to be involved.

2. Request a capacity evaluation by a medical professional if there is reason to believe your father is mentally competent and capable of making his own decisions.

3. File for guardianship in Surrogate’s Court if you believe your father is not being properly represented or his wishes are being ignored. This is a legal process that can give you authority to act on his behalf if granted by the court.

Contact the long-term care ombudsman for your county. Ombudsmen advocate for nursing home residents and can investigate complaints regarding care and residents' rights.

This response is not legal advice and does not create an attorney-client relationship. To address your specific concerns, you should consult a New York elder law attorney who can review all the facts and assist with the appropriate legal steps. ... Read More

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