Legal Question in Family Law in New York

Good Morning,

My sister has ownership of the home in which she and our father reside.

I asked my father permission to leave my 8 year old son in his care while I went on vacation during the Christmas Holiday break. My sister called the police and attempted to report a child abandonment case. The police responded and determined that the case was unfounded. She then proceeded to call ACS and file a child abandonment allegation which is still pending. She has stated that she does not want my son to visit her home and does not want him to visit or spend over night visits with our father. My father has insisted that he would like to continue visits with my son; he would be in his care and is welcome to stay in the home.

Does my sister have any legal right to ban my son from her home despite the fact that he is in the care of his grandfather?

Is there any way to prevent or retaliate from her making continued malicious and false allegations to Administration of Child Welfare Services (ACS)?

Please advise.

Thank you in advance


Asked on 3/01/10, 7:08 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Yes, she has the right to ban anyone she wishes to ban from her home. However, knowingly making a false report either to the police or ACS is a crime, and, should you decide that it is necessary, you can report it to the District Attorney's office, and see if they will prosecute (they may not...)

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Answered on 3/06/10, 7:20 am


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