Legal Question in Family Law in New York
harassment
My stepdaughter is 5. My husband has sole custody. Her mother has tried everything to cause trouble for us- hoping to regain custody. She has made many phone calls to Child Protective Services. Her allegations have ranged from emotional and physical abuse, lack of medical care and sexual abuse. Each time we have proven her allegations unfounded. Do we have any legal recourse for this? CPS says it is our responsibility to keep records of these events and to then file a report with Albany. Our biggest concern is that she will continue to make false allegations knowing that CPS is required to investigate and not so much as reprimand her for repeatedly wasting their time.
1 Answer from Attorneys
Re: harassment
You could file a petition for modification of the current custodial/visitation arrangement to request that she not have access at all to your step daughter. That one is a real stretch, but may work. It will depend on the number of reports that she has filed that are unfounded. The basis for your petition would be the unhealthy environment she has placed her daughter in by continually requiring that her daughter be subjected to DSS investigations.
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