Child Neglect and Abuse
Family Court Act Article 10
Child Neglect and Abuse in New York Family Court
By J. Douglas Barics
A Successful Defense of Neglect or Abuse Charges in Family Court Begins with an Experienced Family Law Attorney
Being charged with a neglect or abuse in Family Court can be life altering. Your children may wind up in foster care, or custody could be changed to the other parent.
Children's protective services is tasked with a overwhelming job, and sometimes they get it wrong. A misunderstood fact, or assuming something that is not there can result in wrongful charges being filed.
Other times parents simply get overwhelmed, especially young parents without sufficient resources. These parent would benefit from assistance, yet are often faced with losing their children to the system.
Obtaining an attorney who is skilled in neglect proceedings can make all the difference in the work. If you or someone you know is facing charges of child neglect, contact us for a consultation.
Do you need representation in defending against child neglect or abuse claims in Family Court?
Contact us online or at (631) 864-2600.
Child Neglect and Abuse Proceedings in New York Family Court
What you need to know about Article 10 Neglect Proceedings in Family Court
What is a neglect proceeding?
A neglect proceeding asserts that a parent has failed to assert a minimum degree of care, resulting in a child being placed in imminent danger of becoming impaired.
What is an abuse proceeding?
An abuse proceeding asserts that a parent has either inflicted a serious physical injury, allowed a serious injury to occur, or creates a condition where a serious physical injury will likely occur.
Can I file a neglect proceeding against my child’s other parent?
No, only an authorized agency may file a termination of parental rights. In the past, a parent could file but this led to massive abuse between parents in custody cases.
When can an authorized agency file a neglect proceeding?
Children’s protective services can file a neglect proceeding based upon an a credible indication the child is being neglected or abused. If a child is removed based upon an emergency, the agency must file a neglect proceeding.
What is the fact finding hearing?
The fact finding hearing is when the agency must prove one or more of the grounds based upon a preponderance of the evidence.
What is the dispositional hearing?
The dispositional hearing occurs only if the agency won at the fact finding. The dispositional hearing determines the ultimate disposition of the case which can range from dismissal to placing the child in foster care.
What is a 1027 or 1028 hearing?
If a child is removed by the agency without a hearing, the 1027 or 1028 hearing allows a parent a preliminary hearing to return the child while the neglect proceeding is ongoing.
What is the difference between a 1027 and 1028 hearing?
A 1027 hearing can be scheduled by the Family Court, while a 1028 hearing is commenced by the parent.
What if I can't afford a lawyer?
If you cannot afford a lawyer, the Family Court is authorized to provided an attorney to you free of charge.
Contact Our Family Court Lawyer Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any Family Court matter. With 30 years of Family Law experience, we can bring to you the services of a large firm at a fraction of the cost.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.