When two people are going through a divorce, it’s not completely uncommon for neglect and abuse allegations to come up. If you are from the Long Island, New York area or anywhere else in the state of New York and are getting divorced, you need a skilled divorce attorney on your side. It is especially important to have a lawyer if you suspect or have concrete evidence of child abuse or neglect. Those allegations can be imposed through child custody or child visitation cases. Of course, the allegations can be very serious and can have devastating effects on the parent accused and can have a great impact on their relationship with their child. Often, an experienced family law attorney will prove that such charges are without merit and that they are merely used as ammunition between the divorcing couple.
What Kind of Allegations are Common in an Abuse and Neglect Case?
When there are child abuse or neglect allegations in place during a bitter divorce case, some are more commonly seen. The following are those that are frequently alleged during a divorce case when the marriage produced children:
• Physical abuse, particularly corporal punishment, which is illegal
• Sexual abuse of the child
• Psychological and emotional abuse that is typically continuous
• Malnutrition or withholding basic necessities from the child
Which Parent is Usually the Focus of Abuse and Neglect Allegations?
In general, more often than not, when there are allegations of abuse or neglect of a child during divorce proceedings, those allegations are usually against the father. If the father is wrongfully accused of these allegations, it can have devastating effects and can even damage his relationship with his child or children. However, when abuse and neglect allegations are mentioned during the course of the divorce in Long Island and other areas of New York, they are investigated by Child Protective Services (CPS). Even if the abuse and neglect charges are false, they can have a terrible impact on a person’s life.
The Importance of Having a Long Island Family Law Attorney
If you are a parent who is going through a bitter divorce and you have children, it’s already an emotionally-charged situation. However, if your former spouse has wrongfully accused you of abusing or neglecting your child, it’s an even more serious situation and requires that you have a family law attorney on your side, fighting for your rights. Your lawyer will go above and beyond to prove that the allegations against you are in fact false and that you have never abused or neglected your children.
Such allegations are also grave in the sense that they can affect both your child custody and visitation rights. They can drive a wedge between you and your children, even if you are innocent and have never abused or neglected your kids. These allegations can lead to a family law judge to be reluctant to award you child custody or visitation rights.
When you meet with a family law attorney, you can receive valuable advice about how to proceed with your case. Your attorney will first investigate the allegations against you by meeting with investigators from CPS. With allegations of abuse or neglect, you may have not only family court charges, but criminal charges as well. In the worst case scenario, with such serious allegations against you, there is a risk of having your parental rights terminated.
Time is of the essence when you have allegations of child abuse or neglect against you. You must immediately get in touch with a family law attorney so that you can fight for your rights and have the charges dismissed and retain your relationship with your children.