Wednesday, October 15, 2014

Pending CPS case. My husband is not named and yet they keep contacting him. I am living in nyc, not orange county but case here.

Q:  Charge is "neglect." Nothing specific as the charge is bogus. Children are beyond well cared for, nutrition, school, medical dental etc. Call was made from probation, fact not speculation. I have already written to Albany and hearing on November 12. Legal Aid advice is comply for one year. Basically accept terms as if I was guilty but I will not be charged. Is this the best advice?

A:  David's Answer:   By "pending CPS case," do you mean they just have an investigation pending, but nothing's been filed in court? If your Husband isn't being charged, does this imply that you are the one who's being charged? What are the exact charges - i.e., in what way do they say you neglected the children? As for whether you should "accept service for 1 year," this advise can really only be given after a full assessment of the case. Thus, schedule a consultation with an Orange/Westchester Family Law attorney.  -- David Bliven, Westchester Family Law attorney (

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