Question:
During our separation, my wife took our children from me and falsely accused me of sexually abusing them.
She told me there is an investigation coming from Child Protective Services, but if I agree to give her sole custody of the children then she would make the CPS investigation “go away.”
First, if an investigation were ongoing could she actually stop it? I have a feeling she is bluffing.
Second, how can I get my children back and living with me?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New York divorce laws where I am licensed to practice.
First, if your wife has filed a complaint with CPS alleging abuse of any kind, the complaint cannot be withdrawn unless she admits to filing a false document, which itself could be a crime.
If she had filed a complaint, you would be contacted right away. If you have these threats in writing, then they may be useful to you in future proceedings so be sure to keep any relevant communications.
Second, you should file an action seeking custody of your children and you should do so right away. Because of what you have been doing as far as custody independently, the court will look to that as a guiding point before deciding to deviate.
Documentation of the false allegations of abuse and threat of a CPS investigation against you would certainly make for a strong argument for you having primary custody of your children.
If she is making false allegations against you and you can prove they are untrue, than that will backfire against her.
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Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New York Divorce Lawyer Asa Neff, contact Cordell & Cordell.
