Saturday, January 17, 2015

How do I prove myself at a 1028 hearing?

Q:  My daughter was taken away from me because I was in a domestic violence relationship and CPs are saying that my daughter was present every time i was abused and they twisted my words saying I admitted to her being there and being scared of him. In all actuality she's just a jealous baby who doesn't like anyone touching her mother. I have enrolled myself in dv counseling and parenting classes and I am willing to go into a dv shelter with her as well. He recently found me at my location and got into a physical altercation and I filed a police report but ACS doesn't believe me that he was not invited here How can I prove that I am no longer in contact with him and do anything to stay away from him

A:  David's Answer:  Generally ACS cannot take you child away merely because you were a domestic violence victim - there was federal litigation to this effect (Nicolson v. Scopetta). You can't really prove a negative (that you don't have contact with him), but you can prove you've enrolled in programs and are cooperative with anything ACS recommends. Schedule a consult with a Bronx Child Custody attorney for more info.  -- David Bliven, Bronx Child Custody attorney (

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