New York Child Abuse & Neglect Attorneys
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LEGAL DEFENSE AGAINST CHILD PROTECTIVE SERVICES INVESTIGATIONS
Facing allegations of child abuse or neglect can be highly nerve-racking and upsetting for parents. Child Protective Service investigations can have serious legal consequences, including potentially a loss of custody or an infringement upon your parental rights. If you are facing allegations of child abuse or neglect, it is important to consult with a family law attorney in order to obtain information about your rights and develop a plan of action to deal with the allegations. Our experienced New York divorce lawyers can assist you with any investigation or proceeding involving Child Protective Services, and can advise you on what to do and what to avoid in order to safeguard the interests of you and your family.
WHEN CAN THE STATE INTERVENE?
When allegations of child abuse, neglect, or endangerment are made, the state can intervene if the parents in question are considered unfit to adequately care for their children. Due to the Child Protective Services Act of 1973, a Child Protective Service was established in each county in New York to enable the state to intervene in families in which the parents pose a risk of injuring or endangering their children. These offices investigate allegations of child abuse and neglect, aiming to protect the wellbeing of youth. However, parents retain the right to challenge allegations of abuse against them. A New York divorce attorney from our office can help you protect your parental rights and challenge a report of abuse or neglect made against you.
HOW CHILD ABUSE ALLEGATIONS CAN AFFECT CUSTODY/VISITATION
When a parent has a history of domestic violence, this can drastically affect the outcome of custody or visitation agreements. When spouses choose to dissolve their marriage, they will have to come to an agreement on who will take custody of the child. When a judge determines custody and visitation agreements, they will do so only after careful evaluation of all factors. The judge must take into consideration any history of abuse or violent crimes for either parent. Since the judge must make a decision that is in the best interests of the child, the judge may not grant custody, partial custody or even visitation to a parent accused or convicted of a domestic violence offense. Victims or alleged victims of domestic violence can file for Orders of Protection which can prevent a parent from coming into contact with their child. To learn more about how our firm could assist with family legal cases involving child abuse or family violence, please call.
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