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.
New York has very strict laws involving the abuse and neglect of minors. This is a serious offense with serious consequences. Abuse of a minor can involve many forms including mental, physical, sex abuse, emotional abuse and denial of care. Unfortunately, some people make accusations in order to win custody or get the upper hand on the other parent. Any person who finds themselves at the mercy of child abuse accusations should contact an attorney at their earliest convenience. This is something that should be addressed immediately. An accusation of this sort can be damaging to your reputation and could land you in jail for a long time.
If you are convicted of abuse and neglect of a child, you could be arrested and spend a number of years behind bars. If you are accused of this type of abuse during divorce proceedings, you could be stripped of all your parental rights. This is a reason why individuals an who has been accused should seek out proper representation to clear his or her name. A skilled attorney will help you at all costs. They will also do everything they can to ensure the rights of the child are not violated.
An accusation against a person for abuse can have life long repercussions for the child and the parent. The relationship may never be repaired. Family courts are very reluctant to even allow individuals who have been accused to visit their child even supervised. Hiring an experienced child abuse attorney is the best route you can go to prove your innocence. Your attorney will fight for your rights and ensure that you have a fair hearing.
However, any individual who has reason to believe that their child has suffered abuse of any type should contact the police immediately. This is a situation that should be acted upon as quickly as possible. Also, any woman who has been abused and neglects to report abuse against the child can also be charged. A good attorney will do all they can to help the family and prepare paperwork.
In New York, the Association for Children’s Services will do a full investigation of the matters. The accused parent can either be found guilty in family court to having cause abuse or they will be cleared. The investigation will consist of the interviewing of several individuals. There is no time period for how long the investigation may take. It could last for ten days or 30 days.
Any person who has been accused of abusing a child should know their rights. It is imperative that you contact a lawyer immediately. These are very serious charges that can rock the family to its core. Call an experienced attorney today for a free consultation. When called in for a free consultation, you will receive a case assessment. Your legal counsel will provide strategies to help address the charges.
Never attempt to represent yourself. When it comes to very delicate yet serious situations like this, it is unwise to go into a courtroom without the benefit of an attorney. You could inadvertently say something that could be misconstrued. You should only let an individual who is fully-aware of abuse and neglect laws to help you. This could be the difference in you going to jail or walking free. Get a consultation today.
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