Legal Question in Family Law in New York

cps failing to protect

I have 3 children-- 2 of which were and 1 that is being abused by my exhusband. There have been 5 reports made to the hot line by psychologist-- 2 of which were appointed by family court for evaluations. My ex and I have 1 child in common, who is almost 4 and has visitation once weekly. He always comes home with horror stories about the visits, both physical and sexual. The latest report was made about 4 weeks ago and I was told that cps will not hold up visitation for this child. No determination has been made on this complaint, but all the others were ''unfounded'' because this man denies. How do you get cps to help???? The visits are getting more difficult for my child and now there is alot of acting out, sleeeping difficulties, nightmares, and outbursts of crying. The caseworker acts very arrogant, unconcerned for the safety of this child, and apparently too busy to return phone calls. Can this many psychologist be wrong? Do 31/2 - 4 year olds have rights? PLEASE OFFER SOME ADVICE!!!!!!


Asked on 9/25/04, 5:56 am

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: cps failing to protect

You can Petition for supervised visitation, based upon the independant psych reports & reccommendations and Court forensics. Then demand an expedited written opinion, explanation or decision, re the denial of "supervised visitation," in order to immediately Appeal for reversal of same.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 9/25/04, 8:56 pm


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