Legal Question in Family Law in New York

Re: Children are in my opinion in danger............

You have a serious problem. One possible solution is to register a complaint with soical services and then seek custody.

Daniel Clement

Re: Children are in my opinion in danger...

There are a number of potentially "key" aspects to your situation that one doesn't know, based on the scenario you set forth.

For instance: how long ago was it that you sought custody; what was your basis, then; how old are your children; how willing and/or able are one or more of your children to articulate complaints against their mother; how willing / able are you to be subjected to social services / child protective_type scrutiny?

Of course, when you begin a scenario with the phrase "...children are in danger..." a report to the state's Central Registery for Child Abuse / Maltreatment is always something to consider. Bear in mind that - - depending on what county you're located in & the 'prevailing philosophy' of the DSS and the Family Court judges - - "reasonable men might differ" as to whether the scenario that you sketch actually reaches the level of child neglect / maltreatment. Beyond that, it is worth bearing in mind that any investigation of the mother carried out by DSS such that they 'begin' to think about a change in custody for the children will quickly become an investigation of you, too.

Good luck.

Regards, etc.,

J.M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

Re: Children are in my opinion in danger............

Mr. Hayes has given you sound, practical advice.

If you wish, you make make the complaint by calling the Child Abuse Hotline, an 800 #, in Albany (CPS). Of course, the call will be recorded. The person you speak with will take the information from you, so have your facts organized. You will then be contacted by your local CPS.

If a parent has knowledge that the children are being abused by the other parent, then failure to take action or file a complaint could be deemed child neglect.

Re: Children are in my opinion in danger............

You have two good options.

First, you can call Child Protective, and have them investigate.

Second, you can go to Family Court, and file for custody.

If I were you, I'd do both, at the same time.