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 (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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