Legal Question in Family Law in New York
endangering the welfare of a child
there is continual controversy in regards to my children, i work 50+ hours a week and my wife is a stay at home mom, recently we have been going through a very difficult time in our marriage, since our arguing has began nearly nine months ago my children have been to the hospital numerous times from stitches to broken bones and a near drowning incident over the summer, to broken bones. i have four children, the oldest will be 12 at the end of this month and the youngest just turned two. my question is this...i recently discovered from my three year old son that my wife constantly leaves the four of them home alone, and sometimes the neighborhood kids are here as well at the same time(they are all no older than 12). there is no immediate supervision and there is no way to contact my wife when she leaves them alone. so A) Isn't it considered child endangerment to leave all these kids home alone? B) is there any way i can legally stop her from leaving them alone? my 12 year old is somewhat responsible but in no way responsible enough to care for so many other children, especially if there is a good show on television C) if there is no legal way is there any other way to enforce my request?
thank you in advance for your help
1 Answer from Attorneys
Re: endangering the welfare of a child
You are correct to be concerned. And, now that you know of the problem, If YOU don't remedy the situation you and your wife could lose custody of your children; and your children and the visitors are at risk of serious injury. You also are at risk of facing criminal charges for neglect, child endangerment, and other things.
Suggest: a) That you demand that your wife immediately stop leaving the children alone! Try to Arrange for a mother's helper, babysitter or nanny to regularly help your wife with the children. b) immediately seek "parental counseling" for you and your wife, (from the Family Court or other agency) to clearly establish and re-enforce your parental obligations, discipline coping skills, and so forth; c) Discuss with Your wife whether she might need special help or counseling, since it appears that her values and judgment may be impaired; d) You must do or file whatever other legal petition, report or action You may need to file, in order to protect your children and yourself from your wife's conduct. That could mean you will be compelled to ending your marriage.
Good luck,
Phroska L. McAlister,ESQ
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