Legal Question in Family Law in New York

Minor (children below 18) Custody

A friend was charged with child abuse and negligent, therefore family court ordered a hearing whether or not to place her child under state's custody. Now if the State found enough evidence (even circumstancial) that some form of abuse did happen, aside from losing the custody of her child, will she be criminally liable for child abuse therefore have charges be brought against her, or will it ends in family court where she would lose the custody of her child?


Asked on 5/21/08, 3:08 pm

2 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Minor (children below 18) Custody

My office handles both family and criminal court cases. USUALLY family court cases end there, now the usual case does not involve child abuse, if there is any evidence which comes out during th ACS investigation... which they ALWAYS HAVE during the course of the family court case, and the likelihood is that there may be a chance for this as each child will be given a law guardian independent of one another, and each guardian (an attorney) will be AGAINST your friend.

It is EXTREMELY important that if your friend is able to hire an attorney that they do so IMMEDIATELY, it would be a terrible loss to lose ones children to the system, but a much greater loss to then also have to serve time because of it!

call my office for a free phone consultation at 212.709.8303

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Answered on 5/21/08, 6:26 pm
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Minor (children below 18) Custody

Child Abuse is the physical abuse of a child by a parent, guardian, or family member. Neglect is the inability to care for the physical needs of a child.

Child Abuse can be handled in both Family Court and in the Criminal Court, depending on the severity of the injuries.

So she may lose custody of her children in Family Court, and and then be brought up in charges in Criminal Court. It does not necessarily end in Family Court.

Your friend should hire a competent lawyer who does Litigation in Family Court and in the Criminal Court.

Please feel free to refer your friend to this office.

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Answered on 5/21/08, 3:29 pm


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