Q: My son tells CPS about excessive corporal punishment and harassment . CPS has become increasingly abusive towards my son. His father has them convinced that he is a liar. When CPS came to my home recently, they continued to abuse my son, called him a liar, told him that his brother hates him, told me that his clothes are expensive and most kids cannot afford them which is probably why he only wants to me with me. The said that his father can hit him as much as he likes as long as he doesn’t leave marks. I had an order of protection against corporal punishment which his father violated. CPS told me that their definition of corporal punishment is when a parent makes their child sit with their knees on rice for 2 hours. What can I do about CPS?
A: David's Answer: The first thing that has to be said is: unless there is a case already in court, you have no legal obligation to cooperate with their investigation. As such, if you feel they are not helping - or indeed making things worse - then politely tell them you no longer need their assistance. Then you may simply follow-up in Family Court with a visitation modification petition. The definition of "excessive" corporal punishment is certainly more broad than the definition given, but it also usually entails leaving visible marks or bruises. -- David Bliven, Westchester Child Abuse attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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