Legal Question in Family Law in New York

order of protection but kids left in the abusive home

I live in upstate NY and my ex husband who has primary residency of my 10 and 8 year old sons. I was made aware of abusive situations that were going on and how the kids had been intimidated to keep everything hidden. I called NYS CPS and they ''couldn't remove them'' I went and filed for an emergency hearing and got them a restraining order but the judge would not grant me temporary primary residency. Yes my son had been punched and is still in that situation. Noone can tell me what good the order is with the children still in that situation. there is emotional, physical, and mental abuse going on and I do not know what I can do further to protect them, they are not allowed outside and cannot use the phone. How do I go about getting this moved to the NYS supreme court? How do I ensure their safety?


Asked on 5/01/07, 2:14 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: order of protection but kids left in the abusive home

Appeal the judges decision. You hould have a lawyer to represent you on the appeal.

Good Luck.

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Answered on 5/01/07, 6:02 pm


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