Q: Parent with an otherwise pristine social and parenting record was wrongfully indicated in a CPS case of a 5 year old who is reported to be "credible," though the child omitted many details of the accidental components of his bruising. Parent also admitted to spanking. The court extended the order of protection beyond the normal limits of a CPS case totally so far 80 days. Devastated parent is to stay away from home and school as per OOP. However, the OOP does not state anything about "sleeping under the same roof," though this is how it is verbally put forth by the CPS case worker.
A: If the order of protection states that you're to stay away from the child's home, then you cannot "sleep under the same roof," unless that roof isn't the child's home. As for your chances on appeal, you generally need to file an appeal within 30 days, so if the order's been in place for 80 days, you may have missed your deadline. -- 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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