CPS Founded: My roommate was founded for a cps case on “abuse” solely based on a police report when he was throwing items in front of my son. The caseworker expressed this was only founded because of the police report and there won’t be any removals. My ex, my son’s father, is super abusive. And is threatening custody if the roommate is not removed. I’m not saying this was right, but my roommate is actively looking for a place
Peter’s answer:
There is no question, but there is some factual contact points we can use to educate the public. This fact pattern touches upon Article 10 of the Family Court Act.
Being "indicated" (not "founded") for an act of some neglect of a child means the person's name goes on a wall of shame in Albany. This entry on that wall can cause the person to be skipped over for various, public service employment for up to the child's 28th birthday. Some attorneys feel this is a violation of the Eighth Amendment's prohibition against cruel and unusual punishment, but government is largely out of control these days.
An "indication" does not necessarily trigger a removal though it can be based on the severity of the neglect. Here, it appears a cop caused the contact by CPS. We cannot comment on whether the son's father is super abusive, and abuse is not needed for either an "indication" or a removal. Neglect will suffice.
The father can threaten custody but he may not get it. The indicated person can file for a "fair hearing" where the CPS must prove by a preponderance of the evidence of some act of neglect. If he wins, then the "indicated" finding will be sealed and not visible on the wall of shame. The roommate can look for another place if he chooses to keep the peace.
What constitutes as legal malpractice: I have been in a lawsuit and I feel like my lawyers didnt represent me they pushed for a low settlement left out key details still cant spell name correct after 3 years and communication lacking for most of the process
Peter’s answer:
This asker wants to know what constitutes malpractice. We cannot determine whether her attorney committed it using her facts.
We do not know what a "low" settlement is. Possibly the lawyer was concerned that going to trial would result in a total loss. We know nothing of the asker's case. We do not know what "key" details the lawyer did not include. A lawyer is in the best position to decide whether facts matter or not.
Spelling of names is also irrelevant no matter the number of years the lawyer has been representing the client. That is not malpractice.
None of this constitute malpractice without much further information.
Is it okay with my daughter to share a room with her dad and his live in girlfriend?: I have spoke to my kids father more than once about how I did not like the fact that my daughter was sharing a room with him and his girlfriend. Then said girl friend moved in and I mentioned it again and he told me he would put my daughter back in her room, but he has not. And when she comes back to me she can’t fall asleep right away and is up extremely late at night. And now my son and daughter say weird things and make some weird noises, also do things they never have before. I don’t know what to do about it. Can anyone help me?
Peter’s answer:
As we re not told the age of the asker's daughter, we cannot conclusively assert that it is okay or not okay for the daughter to share a room with him and his paramour. A toddler would not be a witness to romantic activities while a fourteen year old could be. That would be a neglect under Article 10 of the Family Court Act.
As there is not enough information here, we cannot answer this question.