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My children reported to cps that I hit them with a belt,

My children reported to...

My children reported to cps that I hit them with a belt

Lawyer's Assistant: Family law varies by state. What state are you in?

Nyc

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Answered in 15 minutes by:
10/21/2017
Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 30,887
Experience: 18 years of litigation experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. What is your question about this? Is CPS planning on turning the matter over to the prosecutor's office?

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Customer reply replied 8 months ago
I am in domestic violence issue with my spouse. We have been separated for a year. Now the court appointed attorney for the kids interviewed them. She asked them if mom hit them and they reported yes. She asked them with what and they reported with a belt. Now the kids attorney told me see you in court. I don't know what to do.
Customer reply replied 8 months ago
are they going to take my kids away from me?

Sorry for the delay. I left the computer to take my dogs out for their evening walk.

There is a fine line between disciplining children and abusing you. And yes, if CPS finds that you are abusing your children, your custody would be at risk. You need to get yourself a family law attorney, because you have a great deal at stake here. Not only do you have to concern yourself with custody issues, but CPS could also decide to turn the case over to the DA for prosecution.

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Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Customer reply replied 8 months ago
Thank you for your help yesterday. How could cps prove abuse when there's no scratches?

They have the statements of the children who, I assume would testify consistently with CPS's report and say that you abused them. Your lawyer could point out that there is no evidence of physical abuse.

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Customer reply replied 8 months ago
But kids lie all the time

And your lawyer can say that too. The judge can decide what to believe for himself when all the evidence comes out if this goes to court.

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Customer reply replied 8 months ago
Especially when my kids don't want to do their homework and you forced, they try to get at you

Yes, of course.

Did CPS actually make a finding of abuse?

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Customer reply replied 8 months ago
Not yet. But I will not wait for that. I want to be proactive. I live in NYC and I need a lawyer.

Sorry for the delay. I took a break to eat my dinner.

If you can be proactive, that's the best course. You've got possible matters on multiple fronts -- your spouse, CPS, and possibly the criminal justice system.

Unfortunately, per the terms of service of this website, legal experts are not allowed to make direct referrals to specific lawyers or law firms. What I can do, however, is to direct you to the same services that lawyers themselves use when they need to find a lawyer in a particular field or state and don't know of one so that you can find a Family lawyer.

One such source would be the New York Bar Association's Lawyer Referral Service. They charge around $35 for the referral and that fee includes a free half-hour appointment with a lawyer.

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=NY

To get still a wider range of possibilities, you can also check out a commercial lawyer referral service. There are many of them, but two which are highly regarded are www.Martindale.com and www.Avvo.com

Many of their lawyers are peer and client-rated, which you might find helpful to narrow down your choices.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or (hopefully) 5 stars on the rating scale, as that is the only way that JustAnswer gives us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Good luck!

Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 30,887
Experience: 18 years of litigation experience.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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