Saturday, December 13, 2014

I just received a phone call from Child Protective Services that an allegation came back to be unfounded.

Q:  about 2 months ago, I took my ex wife back to court for child support reduction. The next day she was in the child protective services office is making a claim which now comes back to be unfounded. can I take action against my ex wife for making an allegation, and putting myself as well as the children through stress.

A:  David's Answer: You could conceivably sue her for abuse of process and/or report her to the police for filing a false charge. As a practical matter - and assuming its an isolated incident - it's extremely unlikely to result in a criminal prosecution and your civil case is unlikely to render you a high amount of damages unless your access time with your child was restricted due to the investigation. Schedule a consult with a Dutchess/Westchester Family Law attorney for more info.  -- David Bliven, Westchester Family Law attorney (

No comments:

Post a Comment