CPS and ACS Oppression
The widespread use by CPS and ACS of bringing actions to remove children when one of the parents have been subject to domestic violence has been a great injustice. The overuse of removing children from homes by CPS and ACS workers have made significant portions of the population reluctant to seek help when woman a finds herself in a domestic violence situation.
Mandated Reporters
Mandated reporters such as teachers, social workers, psychologists, psychiatrists, police officers, nurses and doctors feel they have to report any possible situation to CPS and ACS, where a child may have been injured. CPS and ACS believe children should not be forced to live in a home where there is domestic violence. However, the victims of domestic violence should not be punished twice. They should not be punished as the person being abused by the perpetrator of domestic violence and then further abused by the CPS and ACS agencies who are supposed to be protecting them and their children. Unfortunately, mandated reporters cause a lot of these problems.
CPS, ACS and the Perpetrators of Domestic Violence
CPS and ACS do not have the power to arrest individuals who are guilty of domestic violence. They are social service agencies. They often do not take action against the perpetrators of domestic violence. In these situations, the mother who is usually the victim of domestic violence must go to the police and seek prosecution against those individuals. However, most mothers do not understand this. They think the CPS and ACS workers who show up at their home are there to protect them. They’re not there to protect the mothers. They’re only there to protect the children from being exposed to domestic violence, which often involves removal of the children from the home where the mother was the subject of the domestic violence.
CPS and ACS Powers
CPS and ACS do not have law enforcement powers. They’re only a social service agency. They do have the power to remove the custody of children from parents. The purpose of this power is designed to protect children and remove them from situations which put them in immediate danger. This power is not designed to punish the victims of domestic violence because removing the victim’s child from their household is terrible punishment. Since CPS and ACS have no law enforcement powers they do not take action against perpetrators of domestic violence. They simply remove the children from the household.
CPS Has Options
In domestic violence situations, New York law and Federal law requires CPS and ACS workers to help pursue family preservation strategies as well as protect children. CPS and ACS should make reasonable efforts to establish service plans for families to follow. However, mothers can find themselves in an adversarial situation with CPS and ACS. They tell the mother to do the programs they recommend or we’re going to take your children away. To a mother has been abused in a domestic violence situation, this is not the help she’s looking for.
Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.
Beware of CPS and ACS Investigators.
CPS and ACS investigators are often looked at as a selfless agency helping to protect innocent children who find themselves in dangerous inappropriate situations. CPS workers are often credited with rescuing children, saving children’s lives and being the protectors of the innocent. While this is true there are many horrendous nightmare stories involving CPS and ACS investigations that destroy families they are supposed to protect. There are many situations where innocent injuries which are the normal part of children growing up develop into cases of child abuse or child neglect. Children skin their knees. They sometimes break their bones. They can be are injured while playing, participating in athletics or horsing around. However, even in these innocent situations, CPS workers and ACS workers have been known to threaten or remove children from nonviolent, loving parents based on false allegations of lack of guardianship or failure to properly parent the children.
Sexual Abuse and Parents
Sexual abuse of children exists in our society. Who are the sexual abusers?
Physical abuse or sexual abuse often involves another family member. Sometimes a male member of a household. It can be another child in the household or another child that who plays with the family’s child. When this physical or sexual abuse is reported the parents usually expect CPS and ACS will help them and try to punish those individuals who perpetrated the physical or sexual abuse of their child. Often these parents are shocked when CPS or ACS goes after them and charges them with failure to act as appropriate guardians that led to the sexual abuse the parents had no idea was taking place. In these situations, the parents are subject to investigations. Sometimes while the parents are investigated the alleged perpetrators of the physical or sexual abuse are ignored. CPS and ACS workers can threaten the parents that they’re going to take their child or children away from them. Instead of helping families subject to abuse the investigators have been known to prosecute the parents.
Domestic Violence Situations
Other situations where improper actions are known to be taken by CPS and ACS investigators is when there is domestic violence in the family household. Often the victims of the domestic violence contact CPS or ACS and report the incident. The children in these cases are aware of or are in the room when the incident takes place. In these situations, CPS and ACS have a tendency to go after both the perpetrator of the domestic violence as well as the victim of the domestic violence. They are often charging the victim of domestic violence with child abuse or child neglect for allowing the children to be present or to be around a domestic violence situation. The victim of this domestic violence may be a woman who has actually done everything in their power to protect her children. In spite of this in many cases the victims of domestic violence have been indicated for child abuse and child neglect.
Many mothers would rather be threatened with prison than losing their children from being in a relationship involved domestic violence. The level of proof CPS and ACS workers are required to set forth against a mother who is a victim of domestic violence is minimal. In these cases, it makes it very difficult for the mother to defend herself. This is often the situation when the mother is charged with “failure to protect the children” or “the mother should have known to remove the children from a household that may be subject to domestic violence.” In these cases, the mother may have no place where she can go. In many of these cases CPS and ACS seek to remove the children from the mother’s custody for her failure to protect the children. Failure to protect the children not from the abuse but from being present while she was abused. These stories of abused women being prosecuted by CPS and ACS have been documented on many occasions.
Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.
How an Attorney Can Help If You’re Being Prosecuted by CPS or ACS
When a case is brought against you by CPS or ACS the investigators are backed up by supervisors, prosecuting attorneys, and people with expertise in dealing with these issues. The best way for you to level the playing field and protect your family is to hire an experienced ACS and CPS defense attorney. In most situations, it is important you seek legal counsel as soon as possible. It is especially important you meet with an attorney, discuss your rights and review the consequences of being interviewed by CPS in ACS. Sometimes it is a mistake to try to simply explain a situation where there has been an injury to a child. These interviews can make the parents situation worse or amount to an admission of guilt regarding the allegations against them. There are no Miranda rights when speaking to a CPS or ACS worker. Anything you say can be used against you or be misinterpreted.
Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.
Removal of Children from the Home By ACS or CPS
In most cases, unless the CPS investor or ACS investigator successfully obtains a court order authorizing the removal of your child, your children will not be removed from your house. A CPS or ACS investigator cannot simply show up unannounced and take your children from you. In situations where a Judge finds children have been harmed, or is there a significant risk of abuse or neglect a Judge can order CPS or ACS to remove a child from your home during the course of the investigation against you, should the Judge feel the situation in your home is such it would be dangerous or inappropriate for the children to remain there. The children can be placed in foster care during the pendency of your case. If the children are going to be removed from your home, an application can be made to have the children placed with a grandparent brother, sister, or other family member instead of having the child placed into foster care.
Termination of Parental Rights
If a Judge in Family Court finds you are guilty of significant allegations of either child abuse or child neglect legal action involving the termination of your parental rights can be taken by the ACS or CPS prosecutor against you. If your parental rights are at risk it is absolutely necessary you hire an attorney. If you can’t afford attorney, you can advise the Judge, and the Judge may appoint an attorney to represent you.
The removal of children from the parent home is an extreme remedy. Once the parents rights are terminated, their rights to raise the children will not be restored. If the mother has another child and CPS or ACS is involved regarding the mother’s behavior they will use the prior proceedings against her, regarding the second child.
Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.
Non-Party Fiancé Must Testify to His Financial Support in the Divorce
In a case before Justice Jeffrey Sunshine, who sits in the Supreme Court of Kings County, Justice Sunshine dealt with issues involving financial support provided by a fiancé of the wife. The parties in this case had been involved in litigating a divorce since 2015. In this case Justice Sunshine found the husband was entitled to discovery on the issue of the value of any jewelry given to the plaintiff by her non-party fiancé. The fiancé’s contention was an engagement ring he provided to the plaintiff was not relevant to the divorce case. This was because jewelry given by plaintiff to another person could not be considered an engagement ring given in contemplation of marriage since in this case the plaintiff was still legally married to the defendant in the pending divorce case.
Attorney’s Fees Issue
Plaintiff’s financial circumstances, including the value of any jewelry, maybe relevant to the issue of attorney’s fees held Judge Sunshine. In this case the court upheld the trial subpoena for the fiancé to testify and to produce limited discovery related to his direct financial support of the plaintiff.
Justice Sunshine limited document discovery of the fiancé related solely to direct support and/or financial obligations paid on plaintiff’s behalf with no obligation for repayment.
Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.
Joint Custody Given To Parents
In a case before Judge Javier Vargas, a Judge sitting in the Family Court of Kings County. A Father brought a joint custody petition seeking joint legal custody and full visitation rights with a child he had with the Mother. The Mother wanted to have sole legal custody of the child.
Joint Custody Granted
Judge Javier found it was in the child’s best interest for the parties to share joint legal custody. Each of the parties would have certain spheres of influence with regard to the child. There was evidence presented at trial. The evidence established both parents loved the child. Both of the parents had a positive healthy relationship with the child. Both parents wanted to play an active role in the child’s education and emotional development. In addition, the court found the parents had stable jobs. Both of the parents had residences which were appropriate for the child to spend time in. Both of the parents were also prepared to provide continuous financial support for the child.
Fathers Application Granted
The court granted the Father’s application for joint custody. In addition, the court ruled the Mother would have residential or physical custody of the child. The court went on to hold both the Father and Mother would share in all decision making. This included issues involving education, medical issues, religious up-bringing, residence and extra curricular activities the child would be engage in. The court reserved to the Mother the final determination on major medical and religious issues. The court also awarded the Father the final determination concerning education and extra curricular activities.
Conclusion
This is a case where there were two loving dedicated parents. Both parents wanted what was in the child’s best interest but could not work things out between each other. In this case, Judge Javier Vargas made a Solomon like decision giving the parents joint custody, allowing the child to live with the mother and having both parents involved in the majority of the significant issues involving the child but carving out specific matters each of the parents would be in charge of.
Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.
Parental Alienation
Parental alienation is a form of child abuse and family violence. Parental alienation will often appear when a child expresses reluctance or refusal to have any type of relationship with one of his or her parents based on exaggerated or untrue reasons. Often these reasons have no basis in logic or fact for the child to refuse to have a relationship with one of his or her parents. The parent who is the target of the parental alienation activities by the other parent is often demonized. He or she is undermined and presented to the child as not being worthy of the child’s love or attention.
Parental Alienation and Custody
There are various type of behavior that are meant as parental alienation. There are subtle forms of bad mouthing of one parent. The parental alienation can be a series of events or it can be related to an ongoing pattern of behavior of one parent towards the other parent. The person usually engaging in the parental alienation of the child is the individual who seeks to have custody of the child or already has custody of the child.
Reversal of Parental Alienation
In situations where there has been extensive parental alienation it is usually necessary to hire mental health professionals to address the misunderstandings and problems the alienating parent has created for the other parent. Stopping parental alienation by one parent of the other is always in the best interest of the children and their mental health.
Parental alienation is much more widespread phenomena than most people are aware of. Today both the psychological community and the legal community are aware of this issue. Corrective action to stop of this type of improper behavior should be taken immediately upon ascertaining that parental alienation is taking place.
Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.
Difficulties With Parental Alienation
Parents who engage in parental alienation often get away with it. The parental alienation may also be undertaken not only by the parent but by the parents relatives, grandparents and by other family members. The alienation is designed to destroy the relationship the other parent has with the child.
Parental Alienation’s Impact On Children
Children exposed to parental alienation may seem aloof. They often have signs of hostility, disobedience, defiance and withdrawal. It is common that they refuse to have any interaction with the other parent. When questioned about their failure to want to spend time with the other parent, their responses are usually excuses which cannot be correlated to specific actions. The alienated parent may have taken no action to cause the emotional abuse of a child to cause the child to dislike them.
Parental Alienation Is Emotional Abuse of Child
Parents who alienate their children from the other parent are engaging in emotional abuse. This can damage a child’s self esteem.
Psychological maltreatment of children as a part of parental alienation can cause psychological distress to the child. It can make younger children moody and cause them to regress in learning and social situations. This can psychologically damage the child.
Parental alienation can deprive a child of the love most parents want to give their children. Should you be confronted by a situation involving parental alienation it is strongly suggested you retain a Family Law Attorney with an expertise in dealing with these types of issues. The attorney should be contacted as soon as there are signs of parental alienation. The longer the parental alienation takes place, the harder it will be to reprogram and reeducate the child to love, respect and spend time with the alienated parent.
Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.
False Allegations of Child Abuse In Parental Alienation
False Allegations of child abuse or child neglect of the other parent are sometimes made by an individual seeking to deprive the other parent of custody and/or parenting time with the child or children. If this happens, it is important to immediately go to court to obtain court orders causing the person making the false allegations to enter into counseling and to take parenting courses. An order of protection can also be applied for to prevent the parent from continuing to take this action.
Parental Alienation
Most parental alienation is done intentionally creating problems with the child or children and the relationship with the other parent. However sometimes one parent is alienated by the other parent through negligence and misbehavior without an intentional scheme. Parents who engage in alienation and improper conduct in front of the child will continue to do it if they get away with it. They have to be made to pay a penalty or be confronted with this negative behavior.
Family Courts In New York
The way Family Courts in New York work deal with this issue is for one parent to file a petition alleging improper conduct by the other parents’ towards the children. The conduct is delineated in the petition and the petition can be submitted as an emergency petition. In many instances the Judge will then ex-parte, meaning without the other parent present to defend themselves, issue an order of protection to protect the alienated parent and children. The sheriffs office often serves the petition with a copy of the order of protection granted by the court and information with regard to the next court date. When the parent under the order of protection appears on the next court date, if the courts are busy the case may get adjourned for months at a time. The parent subject to the order of protection can demand an immediate hearing with regard to the allegations. Even though courts are busy, the person subject to the order of protection is entitled to an immediate hearing.
A person improperly accused of domestic violence against the other parent or child must act aggressively and fight for his or her rights. There is an expression, “God helps those who helps themselves.” Our legal system tends to works slowly. It is important for a person who is improperly the subject of allegations of improper conduct to assert their rights vigorously as quickly a possible.
Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.
