As a parent, nothing is more important than protecting your children and having a strong and meaningful relationship with them. But sometimes, this can be difficult to achieve, especially if you have been falsely accused of child abuse.

Victims of false abuse allegations often feel there is no way to counter the lies and exaggerations of a spouse or significant other that abuses the court system for personal gain.

I’m here to give you legal counsel. With my years of experience in Family Court and experience as a former prosecutor, the two of us can work together toward a personally tailored and favorable resolution.

Understanding the Legalities of Abuse & Neglect

All child abuse and neglect proceedings are governed by Article 10 of the Family Court Act. Only the Family Court hears such proceedings, and there is no right to a trial by jury.

To terminate your parent’s rights, the Administration for Children’s Services (ACS) must prove the following:

  • Abandonment – you lost communication with your child six months before the filing of petition.
  • Permanent Neglect – you did not make enough future plans for the child, and you did not cooperate with ACS for over a year after the child has started receiving foster care.
  • Mental Illness
  • Mental Retardation
  • Severe and Repeated Abuse

The Abuse Proceedings

The case starts with an investigation of your home. The Child Protective Services (CPS) observes if child abuse or neglect has occurred in your home. If the investigator feels that the child or children are not in danger but are still at risk, the investigator will file Article 10. You are then eligible for a 1028 hearing to make your case; a 1028 hearing is the application to return the child or children temporarily removed.

During the proceedings, investigators can go to the child’s school and do an interview without you knowing. If this happens, never take the child out of school, as you may be flagged for child neglect.

CPS will then review whether the child or children should be removed from the home.

For more information about abuse proceedings, call Olivier E. Roche, Esq. today.

I offer a free 15-minute consultation.