Q: We have a one year old son. Joint custody since he was born. He has overnight weekend visitations at his dads house. He fell down 4 stairs when he was 10 months, learning to walk. I took him to the hospital and they found a hairline fracture. It healed on its own & he was released in my care two days later. Cps found me "indicated" on lack of supervision and inadequate guardianship. I forgot to lock the gate blocking the stairs and it was an accident. I have 2 other children 7 years and 9 years. They are healthy. I got served today bc their dad is seeking custody. Can I loose custody? I care for our child all week & have always been his main caregiver.
A: David's Answer: First, I'd advise to contest the indicated finding by requesting a fair hearing. If it was truly an accident, the report should've been unfounded. And while the facts underlying the indicated finding may be admissible in the custody case, it'd be one factor among many other the court will need to assess. As such, you should schedule a consult with a NYC Child Custody attorney to review your case. -- 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.
I have to agree with this situation. If it was an accident as well, things should be fine. Would they check for signs of abuse from the mother to see if the fall was accidental? I have heard of situations similar to this where they check for signs of abuse to see if it really was an accident or not. http://www.kirbolawga.com/about
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