Q: When I picked my son up Friday he had marks all over his face back legs and butt. I took him to the doctors and the doctor said it was abuse and to goto the police and they reported to cps. The police arrested the mothers husband and I have a order of protection prior against the mother to refrain from and when I went to family court to ask for a removal they only gave me another refrain from against the mothers husband and her, the local court gave me a stay away against the mothers husband for the child but why would the judge at family court not just remove the child? There was arrest in there house for abuse. Also the child was removed from her house before for her using drugs.
A: David's Answer: It is speculation at this point as to why the Judge didn't "remove the child," though it's possible that the Judge wanted to have the mother served & wanted to hear the mother's side of things before taking such a drastic step. That said, I've also seen Judges under such circumstances direct an "extended visit" to the non-custodial parent rather than direct an ex parte switch of custody. In any event, for a full assessment, you should schedule a consultation with a NYC Child Custody attorney. -- 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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