Q: My ex got into trouble in her county and had her children taken away and was arrested for abusing her 8 year old son . I have primary custody of our son whom was not involved . CPS contacted me and asked me for some paperwork pertaining to our current custody order so I gave them what they asked for . Ex is stating she is going to sue me for giving out her information IE ~ the order . She claims CPS cannot request information from me while they are involved with a criminal and removal court case with her . She claims they need to go through lawyers to get any paperwork or information . Do they have the right to request information ? Part of our custody order stipulates her boyfriend not to drink around my son and that's what CPS wanted . Drinking was also a factor in her kids being removed .
A: David's Answer: She is dead wrong. The order is just as much "yours" as it is "hers." Besides, if CPS wanted the order, they could have easily obtained a subpoena from the Judge to obtain the order & the Judge would have granted it. As such, there was no "prejudice" in handing over a copy of the order. -- David Bliven, Westchester Child Abuse defense lawyer (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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