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Child neglect and child endangerment.

Clarksburg, WV |

My son left his 18 month old son in the care of his girlfriend. She left the house and left the baby there by himself. When my son found out, he immediately called the police. They arrived there before my son could get there, but my son arrived shortly after they did. They called CPS. Will the state file charges against my son's girlfriend or is that up to my son to do?

Attorney Answers 1


I believe that will be CPS' call. Your son should be going to court to seek custody, physical custody for sure, and perhaps sole legal custody based on her neglect. He should let CPS know he is doing that. He should take initiative so as to avoid CPS putting the child in the foster care system away from them both.

To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.

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Thank you for responding. I should have mentioned that his girlfriend is not the mother of his son. The mother rarely has any contact with the children.

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