Divorce
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Domestic Abuse

Armed police entered my premises without court order or a warrant and removed my son from our house.

| Aug 8, 2016 | Uncategorized

Q: Because my wife has a back condition, and because the pregnancy wasn’t apparent until rather late, she tested positive for opiates. Long story short, we have arranged for my son to stay with his grandparents while visiting with us was at our mutual discretion. Court order assigning custody makes no mention of visitation restrictions beyond the fact that it must be acceptable to all parties. In any case, my parents live next door and my son often stays with them. Several police officers showed up at our door, requested entry. I responded that they would need a warrant. They said that they would only like to see the baby. I told them that I will bring him to them. As I went back inside they went in, searched, found nothing, yet removed my son. he story but this is the crux of it.

A: David’s Answer: If CPS was not previously involved, then they would only have the right to do what they did if CPS was there & effecting an “emergency removal.” They would generally only have the right to do so if they determined that the child’s life or health was in imminent danger. You then have a right to go to Family Court and file for a “1028” hearing, which is a pre-trial hearing requesting the child be returned to your custody. Call a Rockland/Westchester Child Abuse defense attorney to schedule a consult. David Bliven, Westchester Child Abuse attorney (www.blivenlaw.net)

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