In New York, parents have the right to overturn a child custody order if dangerous conditions exist that threaten the child. Drug or alcohol addiction, any form of child abuse, neglect or any criminal actions constitute dangerous circumstances. A family court attorney in Commack, NY helps parents regain custody of their child in these situations.
Contacting Child Protective Services
The first step for parents is to contact child protective services. Once contacted, a social worker takes possession of the child from the custodial parent pending an investigation. The social worker is assigned to the case and must complete a home study to confirm these allegations. Law enforcement is notified when an immediate risk is present or if the custodial parent refuses to release the child into the social worker’s custody.
Acquiring Temporary Custody
Immediate risks warrant the need for an award of temporary custody. Under these circumstances, the custody award lasts from the time of possession to the new court hearing for custody. The judge evaluates the circumstances that existed when child protective services were called. If these circumstances no longer exist, the court may return custody to the custodial parent. If these conditions remain or have become worse, the petitioner receives custody.
Presenting the Case to the Court
The petitioner must provide evidence to support their claim. The evidence includes the testimony of the child about the dangerous conditions. If the child was abused, medical evidence must be provided to show the nature of the abuse or neglect. This could include bruises, broken bones, severe weight loss, or evidence of sexual misconduct.
Allegations of drug or alcohol addiction are supported through chemical testing. For these cases, the court may require a hair sample to determine long-term use of the substance. Parents who have an addiction must enter a treatment center before they can acquire visitation with the child.
In New York, a non-custodial parent may petition the court to acquire custody when their child is at risk. Any sign of abuse or neglect on the part of the custodial parent is enough to warrant an immediate custody assignment. Parents who need help with custody petitions should contact a family court attorney in Commack, NY at the Law Office of Ronald S. Zimmer today.
