Legal Question in Family Law in New York
Using confidential information during a custody case
Is it legal for The Department of Social Services (DSS) and Child Protective Services (CPS) to go between the two parties involved in a custody case, and release the information they obtained from party B and hand it over to party A, while releasing none of the information obtained from Party A over to Party B?
3 Answers from Attorneys
Re: Using confidential information during a custody case
The DSS rep has a duty to disclose all information to the ourt. Unless there is an issue of physical harm to the child, no the DSS is required not to play favorites.
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Re: Using confidential information during a custody case
The DSS and similar agencies do not have to share information equally among the parties. However, information it provides to the court should generally be served on all parties to the case. The Freedom of Information Law provides certain rights to information and is effected through the POL and agency rules and regulations. Feel free to call me at 212-367-9167 to discuss your particular situation.
Re: Using confidential information during a custody case
Your question is to vage to provide a certain answer other than to say it depends on the circumstances.
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