Divorce
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Domestic Abuse

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.

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