Legal Question in Family Law in New York
Have I been violated
Yesterday I had an argument with my mother in a public restaraunt. I had my two children with me. The owner of the restaraunt called the police. Me and my mom spoke with the police and they left. Later on the police told me that I was going to be arrested. I went to the police station and was given an appearance ticket for two counts of endagering the welfare of a child. I was also informed that CPS had placed my children in protective custody. they said that two people who were in the restaraunt during the argument had made statements that I shook my infant daughter and slammed my toddlers face into a table!! I assure you that nothing at all like that happened. Three other people who were there signed statements in my favor.
When CPS took the children they took them to the emergency room and had them examined from head to toe. There were no signs of abuse. I have no past history of abuse. I have no criminal background or any signs of mental illness. CPS still will not let me see my children or talk to them. I think that since there was no physical evidence of abuse (not even a diaper rash!) and since there were statements made in my favor CPS should return my children to me. Is what CPS is doing to me legal?
1 Answer from Attorneys
Re: Have I been violated
It is legal and is typical CPS behavior. They are covering their rear-ends at your expense.
Please hire an attorney and go after the case. Have him hire an investigator to speak to the mistaken witnesses and hire an expert on child abuse. Move quickly to be sure that the effect on your kids are not compounded by the time they are away from you.
Please also get to an anger management therapist. An argument with your mother should never have gotten so out of line that police had to be called.
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