Legal Question in Family Law in New York

My soon to be ex called cps or possibly a neighbor stating that my 5 year old son was left alone for 1/2 hour until sitter arrived on WTH. Sitter arrives MTF at 6:30am, and at 7 am Wed/Thurs when son arrives at 8 am via father. Why did they make the false accusation? Did they really think he was in the house and obviously did not know he was at his fathers? How can I find out who did it?


Asked on 9/19/09, 9:44 pm

1 Answer from Attorneys

Joel Salinger Law Office of Joel R. Salinger

First, depending on which agency received the complaint, you will probably not be able to find out who made the accusation. If it was made to a police agency or child protective services or social services, the report is confidential and the person making the call will not be revealed.

Second, the report will be investigated by a social worker from the agency responsible for these actions in your jurisdiction. If they feel that there is any credible evidence they will file an indicated report with the state. If they do not find any credible evidence they will mark it un-indicated and your file will be closed and sealed. You will be interviewed as will be the person who made the complaint and any person living in the house with you. When you do have your interview, give the interviewer the names of your babysitter and the child's father so they may contact them for accurate information. They may or may not follow up on that but it is in your best interest to give them the info.

Joel R. Salinger

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Answered on 9/28/09, 1:32 pm


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