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Child Abuse and Neglect Proceedings

When faced with accusations of child neglect and/or abuse, it is best to work with an attorney who will fight to make sure that your children are protected and that they don’t fall prey to baseless allegations.

The knowledgeable and compassionate attorneys at the Law Offices of Nathan Pinkhasov, PLLC understand that your children are precious to you and you’ll want to take every precaution against having them removed from your care and custody.

Child neglect and abuse cases are civil proceedings brought by an authorized agency against parents who have been accused of neglecting and/or abusing their children.  They are governed by Article 10 of the Family Court Act, and are handled in Family Court and all neglect matters are heard by a Family Court judge with no right to a trial by jury.  When the abuse or neglect is severe, a parent may also face criminal charges.

Allegations of child abuse, neglect or endangerment may enable the state to interfere with a parent's rights and the Court can intervene if a parent or parents are considered unfit to care for their children and have therefore put them at risk of injury or have endangered their wellbeing in any way. Child abuse and child neglect allegations can arise from: excessive alcohol or drug use in the home; domestic violence; failure to fulfill the children's basic needs or supervise them properly; as well as a range of other care and supervision issues.

Being accused of neglecting and/or abusing your children is a horrifying experience. It is difficult to imagine a situation more stressful than having your children removed from your home or care.  Unfortunately, if someone accuses you of child neglect or child abuse and a child protection worker finds the accusation credible, your rights as a parent can be at risk and anyone, such as a neighbor, police officer, teacher, therapist, co-parent or relative can make the accusation.  Usually, the accusation will be investigated by Administration for Children's Services (ACS) within 24 hours and any communication that you have with ACS will be used in the investigation, so it is important to act fast and retain legal counsel immediately.

Another important reason to quickly retain legal counsel when faced with a child neglect and/or abuse allegation is because ACs workers have the right to remove the children from your home temporarily if it is determined that they are at imminent risk.  If you do not comply, ACS will return escorted by police officers to take the children.  Once your children have been removed, a hearing will be necessary to have the children returned.

The knowledgeable and experienced attorneys at the Law Offices of Nathan Pinkhasov, PLLC will talk with you about the accusations you are facing and can inform you of your legal rights.  We represent many parents in removal actions initiated by ACS and other child protection agencies, and will help to guide you through this difficult process.