Tuesday, January 8, 2013

Do I have a right to refuse weekend visit after other children in house were removed by CPS? Filing modification papers Monday.

Q: My ex and I have a 5 year old son, I have primary custody and we share joint legal custody. Friday evening CPS called to let me know that the other children in my Ex's custody(not my kids) were removed and made a recommendation that my son NOT go to his mothers house for visits and I file for an emergency stop visitation pending a court date. I'm going Monday to file the paperwork. She wants to take our son tomorrow for the day after she cancelled the weekend visit. Do I have a right to refuse the visit because of whats happened? CPS said physical abuse was involved and was reported by the older child's school. Can I refuse her to take him??

A: David's Answer: It would be best before you take such an action (assuming there is an outstanding court order stating that this weekend is her weekend) that you get CPS to confirm their recommendation in writing (at this late time, either via e-mail or fax). At the least, this serves to go a long way towards protecting you from a charge that you willfully violated the court order. As an aside, I think it's ludicrous that CPS doesn't file their own application if they fell so strongly about it - as opposed to passing the buck onto you.  -- David Bliven, Westchester Child Custody attorney (www.blivenlaw.net)

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