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Domestic Abuse

Can Family Court Order CPS Investigation Without Proof?

Q: I’m being dragged through the system AGAIN by my ex boyfriend who clearly is a narcissistic sociopath. Absentee father for almost 10 yrs; my child is 12. I unknowingly violated the petition about 3 years after visitation stopped (by his choice as he has spent a total of 18 hours with my child her whole life; she doesn’t know him, nor does she want to) AFC is biased in his favor and lied to the judge about my daughter’s wishes. I have it on tape as my daughter recorded the call. A Habeas corpus was filed, but I’m unable to travel because of a spinal cord injury. My ex is harassing me because in the first case, which went to trial, he withdrew the petition the day of trial. There’s more details, but I’m running out of space so I’m going by to ask my question. Court is next week and last Friday I found a card in my door from CPS. I haven’t been able to speak with the either yet, but my public defender said the court is using them for an investigation? But he has no court order, so he doesn’t know for sure. I think it’s my ex boyfriend making up lies to build his FAKE CASE against me. We live in AZ, but the case is in NY. Judge won’t give up jurisdiction, so it can’t come to AZ. HELP?

A: The short answer is yes – if there’s a mere allegation of child abuse or neglect, or if the Judge merely wants a home study performed, s/he can direct a COI. These investigations are rather routine in custody matters in NY. Schedule a consult with a White Plains Child Custody Attorney for a full assessment.

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