Call 914-368-7580 now to schedule a 20-minute Case Assessment or full 50-minute Case Strategy Consultation!
Call Today 914-368-7580

Will I be granted access to my children in family court?

Q: I was arrested for leaving them in a running car, I had the ac on so they would be ok. I was not gone for more than 15 minutes when I was called by officers to come outside. I went to court and I was given an order of protection. My children are my whole life, It has been torture living without them these two weeks. The order is for a year but the social worker from cps said he filed a petition for me and I should get served those papers in about 3- 4 weeks. I asked him for a copy but he said I would get it in court. Also when the incident occurred I signed a safety plan with him where I would always be supervised with the kids with either my relatives or my husband and he never gave me a copy to give to my public defender. I feel that he might have helped out my case more by providing me with this document. My children are 9, 2 and 2 months. My 2 year old cries for me everyday my family says. This is a travesty of justice. By punishing me,my children are being punished even more. I am a great mother and this one time mistake shouldn't cost me my whole family. I have been staying with my cousin until the petition comes through, This is traumatic on my whole family.

A: David's Answer: Your narrative doesn't make clear, but I surmise your children were taken away from you by CPS - correct? If so, you should file for a 1028 hearing & challenge whether the children are in "imminent danger of harm" if left in your care. Schedule a consult with a Westchester Child Abuse defense attorney for a full assessment.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Get Legal Guidance To Support Your Future

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Contact The Law Offices Of David Bliven

White Plains Office
19 Court Street
Suite 206
White Plains, NY 10601

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions

Bronx Office
3190 Riverdale Avenue
Suite 1
Bronx, NY 10463

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions