Saturday, December 13, 2014

Can I loose custody bc I have an "indicated" cps case?

Q:  My children are 4 years old & 1 year old. They have different fathers. We have joint custody since they were born, but I have residential custody. My 1 year old bumped his head & I took him to the doctor to check it out. No medical treatment was needed, he is ok, he is still in my custody... But cps indicated me for not supervising him properly!! Now both fathers are taking me ro court for custody.. Will they get custody? How much is the indicated cps report looked at in deciding custody?

A:  David's Answer:  An indicated case, in itself, will not generally be a basis for a switch of custody. The reason is that's it's only "some" credible proof of neglect, but also at a lower standard of proof than what's used in Family Court. That said, you should consider challenging the indicated finding by filing for a fair hearing. Schedule a consult with a NYC Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (

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