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Q: My children’s mother has a case against her allegedly for neglect.
I wasn’t on my sons birth certificate. Now that I want my son out of the hands of this agency, they are making a case against me.
A: David’s Answer: You would not have a basis to sue ACS or its caseworkers unless they have maliciously prosecuted you AND you win a dismissal of the charges in Family Court. Even then, the caseworkers have qualified immunity, so there would have to be a lot more in order to prevail. Call a Bronx Family Law attorney for more info.