My children are 4 years old & 1 year old. They have different fathers. We have joint custody since they were born, but I have residential custody. My 1 year old bumped his head & I took him to the doctor to check it out. No medical treatment was needed, he is ok, he is still in my custody... But cps indicated me for not supervising him properly!! Now both fathers are taking me ro court for custody.. Will they get custody? How much is the indicated cps report looked at in deciding custody?
Generally, the Family Court looks at many factors before modifying custody. The most important aspect is what is in the best interests of the children. The fathers will have the burden of proof to convince the court that the children should no longer be in your custody. You should also consult an attorney and file an appeal from the CPS report.
An indicated report by itself won't necessarily determine custody. It doesn't take much "evidence" for a report to be indicated. You should consider asking for a "fair hearing", which is your right. When you receive the "indicated" report, they will also send you information about your right to request a fair hearing. I suggest you consult a local local to review your case and assist you with this process.
An indicated case, in itself, will not generally be a basis for a switch of custody. The reason is that's it's only "some" credible proof of neglect, but also at a lower standard of proof than what's used in Family Court. That said, you should consider challenging the indicated finding by filing for a fair hearing. Schedule a consult with a NYC Child Custody attorney for a full assessment.
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