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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38791
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am a work out of home mom, my husband is a stay at home dad.

Resolved Question:

I am a work out of home mom, my husband is a stay at home dad. we have 2 kids, one is almost 3, the other just turned 1. We live in NYC.

BY WAY OF BACKGROUND: my husband has had a long standing feud with the superintendent of our building, and ultimately had him fired. He had a smoking gun of an audio tape of the super yelling horrible obscenities at my husband, and that ultimately led to his dismissal. He left the apartment building Saturday, he was a live in super and had 2 months to vacate the premises.

On Thursday night, children's services came to my door and my husband was out. They told me of the allegations (they are against my husband) that he frequently leaves the house to go shopping and leaves them alone without supervision. My husband insists this is not the case and vehently denies the charges.

I have been named as an "other person" in New York state's investigation. There are no charges against me.

We are both convinced that the super vengefully called CPS as a final act of revenge before he left. However the fact remains that there is now an investigation into the allegations and I have a meeting with our caseworker tomorrow.

My questions are:
What is the process? Who will they talk to?
Can I find out that is was definitely the super, and can I find out what proof he may or may not claim to have?
And finally, could the children be taken away from us? Am I "in the clear" since the allegations are not against me personally? Could they force my husband from the house? What is the worst case scenario?

Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

I am legitimately sorry that you are in this situation. And contacting CPS is extremely underhanded as that agency unfortunately but at times accurately has a reputation of being overzealous and heavy handed with parties whom they have prejudged before appearing. To best assist you I will provide you below with my thoughts in this instance.

What is the process? Who will they talk to?
The process starts with a complaint, anonymous or direct, which CPS if they find to be credible begin investigating. Then they can choose whether to appear and start interviews or if the complaint is serious enough where they could eek the need to take the children to foster care or otherwise limit the parental rights until investigation is completed. In any case, retaining counsel that specializes in family law i an extreme necessity. Even other attorneys who specialize in family law, if they are being investigated, tend to retain their own counsel. CPS can talk with all parties they consider to be relevant, including the children, parents, the school, other witnesses in the area if there are any, and so forth.

Can I find out that is was definitely the super, and can I find out what proof he may or may not claim to have?
You can contact them and ask when the complaint was made, but if the complaint was anonymous, CPS will not provide you details or identity of the individual who called it in.

And finally, could the children be taken away from us? Am I "in the clear" since the allegations are not against me personally? Could they force my husband from the house? What is the worst case scenario?
It is always possible that CPS can over-react. Is that likely? No, but it is conceivable. Even if you are 'in the clear', if based on their investigation they find cause for unfitness, they may still pursue actions against you both. I strongly urge you to consider counsel--while there are quite a few issues you can resolve on your own without attorneys, this one is not it.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38791
Experience: I provide family and divorce law advice to my clients in my firm.
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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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I provide family and divorce law advice to my clients in my firm.