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?


Asked on 7/30/03, 11:09 am

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

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.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 7/30/03, 9:48 pm
Seth Kaufman Seth M. Kaufman

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.

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Answered on 8/03/03, 5:46 pm
Stephen Loeb Law Office of Stephen R. Loeb

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.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 7/30/03, 11:52 am


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