High Net Worth Divorce
Protection For Your Children
Domestic Abuse

I think that I have a winnable case against ACS (the child protective division of the state of New York), do you?

Q: My son and I have been tangled up in the family court system for many months. He was removed from my care following reports I made about a feeling I had that people were breaking into our shelter room while we slept and abusing us sexually. We were laughed at by hospital staff, city officials, and anyone else to which I tried to explain out situation. Due to trauma that caused me to seek mental health services when I was younger, my son was removed from my care and placed in foster care. There he reported to me that he was molested on two separate occasions by older children in the home. When I reported this to the foster care agency following each incident, they accused me of being crazy and putting my son up to it. Him they threw into inpatient care at several mental health facilities. He was put on medications to which I never consented, we were not allowed to see each other, and I had to repeatedly send for money from back home because most of the time transportation fare was not provided. During this time I did everything that ACS requested, except for the voluntary taking of psychotropic medications. (If you have any advice please bless us with us a response to hear the rest)

A: David’s Answer: You have not yet stated a caused of action. The issue is whether you were wrongfully deprived of due process rights. Thus, generally to sustain a civil rights claim, you would’ve need to prevail in either the trial court or appellate court – i.e., a court finding that ACS wrongfully removed your child. Schedule a consult with a Bronx Child Abuse defense attorney for a full assessment.

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