Q: My ex-bf's girlfriend has continuously harassed me over the past 3 yrs by repeatedly calling ACS on me. This past weekend, the allegations were that my son (6 y/o) is exposed to drugs and violence when he visits his father at his paternal grandmother's home. My son hasn't even seen his father or grandmother in over a year. When the ACS workers came to my home I told them and their respective supervisors they were not entering my home without a warrant and I did not want them questioning my child without myself or a lawyer present. Today a worker went to my son's school and questioned him anyway. This has been so stressful and embarrassing and the rights I thought I had (like having an attorney for my child) I am being told by ACS that they don't apply. What should I do? What are my rights?
A: David's Answer: Your child does not have a right to a lawyer for a pre-filing ACS investigation. While you have the right to hire an attorney, there is little as a practical matter the attorney can do. If you refuse entrance to your home, ACS routinely goes to Court, gets an order authorizing them to conduct the investigation & speak with the child, and the Court almost always grants the order. With regard to the school, you should write them a letter via certified mail, return receipt stating that from now on, if the emergency does not occur in school, then ACS is not authorized absent a court order to the contrary to speak with your child outside of your presence. For a full assessment, schedule a consultation with a Bronx Family Law attorney, particularly one with experience in ACS matters. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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