Legal Question in Family Law in New York

Children

My girl friend was wrongfully accused of miss treating her 6 year old daughter. The acusation was filed phone din to asc by a neighbor of hers who happens to be a crack attic with mental problems. How ever asc showed up at her door asking all kinds of questions and also questioned her 16 year old daughter. Then proceeded to go to her daughters baby sitter and ex-husband. She was accused of letting her daughter walk around in the rain in just a t-shirt late at nite.. Not only was the 6 year old not home that nite happens to be loved with all our hearts. As a result acs has requested my girlfriend go for a drug test. Which in it self is no problem. How ever we feel as if it's wrong for any one with a personal vendetta to subject her to all this anguish. What are her rights. Why should she have to answer to any one as to the care of her child. She feels harassed and degraded. Please advise us on our rights against these kinds of accusations


Asked on 8/01/07, 8:42 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Children

Tough situation. There is a public policy to protect these types of complaints so as to encourage them to be made. If we allowed a lawsuit everytime one was incorrectly made, then it may discourage people who have credible complaints to make them.

Further unless you could prove actual maliciousness, there is probably little you could sue for.

Your friend should hire a good family law/criminal lawyer to protect her from ACS overreaching.

Good Luck.

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Answered on 8/07/07, 12:51 am


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