NY Abuse and Neglect Lawyer
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New York laws pertaining to the abuse and neglect of a minor child include significant sanctions and repercussions for people found to have violated these statutes. A person who finds his or her self involved in a situation involving an accusation of child abuse and neglect needs to understand basic legal rights. In addition, a person in this type of situation needs to further understand the importance of retaining representation from a skilled, experienced, tenacious NY abuse and neglect lawyer.
When an allegation of child abuse or neglect is made, a person may face criminal prosecution. While that is always a possibility, there are other legal consequences as well. For example, allegations of abuse and neglect can play a role in family law proceedings.
Abuse and Neglect Allegations in Divorce Proceedings
If allegations of abuse and neglect are made in a divorce case, serious ramifications can occur. For example, a parent accused of abuse and neglect in a divorce case can result in that party being precluded from having any type of custody of a child. This type of situation can preclude a parent from seeking either legal or physical custody of a child.
Visitation may be a possibility. However, that can be aa challenging issue as well. When an allegation of abuse or neglect arises in divorce proceedings, the accused may be limited to having supervised visitation with a child.
Changing Custody or Visitation Order When Allegation of Abuse Arises
If there exists a custody and visitation order, possible grounds for altering such a decree would be an allegation of abuse or neglect. New York law permits the alteration of a custody or parenting time order when a material change of circumstances occurs. Abuse and neglect of a child represents this level of change that can warrant a change in a custody or visitation order.
The process of amending a custody or visitation order begins by filing a motion to alter or amend a custody or visitation order. Absent an agreement between the parties to alter or amend a custody or visitation order, the court will conduct a hearing. Following a hearing, the court will issue an order addressing the existing custody or visitation order.
An order altering custody may require the accused parent to participate in counseling or treatment. In time, the parent accused of abuse may be able to enjoy more regular access to the child or children involved in the case.
Retain an Experienced NY Abuse & Neglect Lawyer
A person who faces an accusation of abuse or neglect in a divorce or post-divorce proceeding best protects his or her rights and interests by retaining legal representation. The first step in retaining a NY abuse and neglect lawyer is scheduling an initial consultation.
During an initial consultation, an attorney provides an evaluation of a case. In addition, legal counsel provides strategies to address allegations of abuse or neglect in a divorce or post-divorce matter. A prospective client also has the opportunity to ask questions regarding the case. As a matter of general practice, an attorney does not charge a fee for an initial consultation in this type of legal situation.