New York
Child Neglect Lawyers
New York Child Abuse & Neglect Attorneys
The Difference Between Child Abuse and Child Neglect
Oftentimes when people think about cases that require the involvement of agencies such as Child Protective Services, the examples that come to mind actually fall under the category of child abuse. These include situations where children sustain physical injuries or experience sexual abuse, whether this is at the hand of the accused parent or merely enabled by said parent. While these are certainly serious charges, they are far from the only instances that warrant an investigation. A lesser-known category is that of child neglect. Attorneys who handle family law cases see a number of accusations that fall within this category.
Child neglect refers to any instance that could be perceived as a failure of the parent to provide for the basic needs of their child. Examples of child neglect include:
- Lack of school attendance for unexcused reasons
- Lack of support for additional educational needs
- Lack of food, clothing, or shelter
- Lack of necessary medical attention
- Lack of mental health support
- Lack of adequate supervision
- Lack of proper vetting and preparation of caregivers
- Exposure to situations that cause severe humiliation or fear
- Exposure to violence
- Exposure to drugs
- Excessive corporal punishment
- Excessive intoxication that interferes with your ability to care for the child
Domestic Violence in Allegations of Child Neglect in NYC
One of the more common factors present in reported child neglect cases is domestic violence in the household. It’s understandable that when violence and abuse are present in the household, something should be done to protect the children. Even if the abuser does not directly target the children themselves, the situation is still considered an instance of neglect. However, sometimes the situation can be further complicated by the decision to accuse one of the victims of abuse of said neglect instead of the abuser. Part of what makes this so difficult is the way allegations of child neglect are treated in New York City. Regardless of whether or not any evidence is present, the simple act of making an accusation is enough to warrant an investigation.
This leaves room for the abuser, or alternatively, others who support the abuser, to intentionally accuse the parent suffering from domestic violence or neglect. Alternatively, outside witnesses, such as mandatory reporters, who may have limited access to details regarding the situation, may misunderstand the situation and make assumptions about the parents without knowing the full story. By law, mandatory reporters are required to submit a report if they have any suspicions, no matter how minor. For a parent simply trying to survive while simultaneously doing everything in their power to protect their child, this can be an absolute nightmare.
The Importance of Legal Representation When Facing Child Neglect Accusations in NYC
While it is the duty of agencies like the Administration for Children’s Services and Child Protective Services to prioritize the safety of children, this should never be at the cost of following due process. However, there have been multiple instances where the drive to follow this mandate supersedes any duty to perform a thorough investigation, resulting in the wrongful separation of children from their parents. Instead of reviewing every detail in the case, providing services to the family when necessary, officials move for emergency removal of the children. That is how parents who are themselves victims of domestic violence can end up facing charges of neglect and being stripped of any access to their children.
As a parent, you have rights, and no organization can legally strip those from you. That is why it is critical that you seek immediate legal assistance if you find yourself facing false charges of child neglect. While your lawyer cannot directly interfere with the initial investigation, they can provide you with valuable information and counsel during this stressful time. Furthermore, if your case goes to Family Court, they can advocate on your behalf, ensuring that your rights are upheld in the courtroom.
Trust Tsigler Law to Help Keep Your Family Together
With the help of an attorney from Tsigler Law, you can ensure that your family remains intact. Even in the event that the allegations against you are determined to be substantiated by government agencies, you still have legal recourses. An attorney can guide you through the process of appealing the decision, as well as building a strong case to support your argument. We have extensive experience handling family law claims in the state of New York and are familiar with the various laws and proceedings that may affect your case.
In addition, we prioritize your safety and wellbeing and will ensure that the case is treated with the utmost respect for your privacy. Being accused of child neglect is an extremely traumatic experience, and even in the event that the investigation determines that the report made was unfounded, your life can still be greatly impacted. With an attorney at your side, we can ensure that any impacts are minimal, allowing you to focus on yourself and your family. For further information, please call the Law Offices of Robert Tsigler at 718-427-9932; our team is standing by 24 hours a day, seven days a week.
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Getting representation as soon as possible following any Child Neglect-related charge is the best way to promote a positive result from a subsequent trial. Only an experienced New York Child abuse and Neglect lawyer can successfully defend your case.
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