Q: Cps has an"indicated" report of child neglect in regards to my two boys because my ex's boyfriend was dealing coke ot of her house. I have tsmp custody of them until trial in the spring. The boys lovs living with me and don't want to be wirh their mother. Why is cps sooooo reluctant to implicate or blame my ex??? Everytime I ask direct questions they dance around my ex having ANYTHING to do with it even though my kids say that she was in the house while it was going on? Is it the goal of cps to act only after my kids get hurt or possibly die???? If the report was indicated then how does she get away scott free?? Even if she didn't know....she was responsible for their well being and she knew he was bad news.
A: David's Answer: Ultimately it is within their sole discretion whether to bring a child neglect case against the mother. They may feel she was somewhat at fault, but there was not enough fault - based on whatever facts they uncovered in their investigation - to warrant neglect charges. Speak further with an Orange/Westchester Family Law attorney. -- David Bliven, Westchester Family Law 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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