Child custody cases can be emotionally charged and complex, particularly when allegations of mistreatment or abuse are involved. To gain a deeper understanding of how such situations are handled, we turn to Shari Rackman, an experienced New York Family Law Attorney, for expert insights.
Understanding the Nuances
In situations where allegations of mistreatment or abuse arise, it’s crucial to differentiate between genuine concerns and misunderstandings. Shari Rackman, a New York Child Custody Attorney, underscores the importance of viewing these cases with sensitivity and discernment. She cautions against labeling one parent as “good” and the other as “awful” based solely on a child’s perspective, as the child’s understanding of abuse may differ from reality.
Taking Action in Cases of Actual Abuse
When there are legitimate concerns of physical or extreme mental harm to a child, Shari advises that the first step is to contact Child Protective Services (CPS). CPS is equipped to investigate such allegations and determine whether there is cause for concern. These situations require immediate attention from the authorities to ensure the safety and well-being of the child.
Addressing Perceived Mistreatment
In cases where a parent believes their child is being mistreated by the other parent, Shari Rackman recommends following legal avenues. Instead of taking matters into their own hands, concerned parents can file a petition to request a change in custody. This petition should outline the specific allegations of mistreatment or abuse.
In some instances, judges may order a Court Ordered Investigation (COI) through CPS to assess the situation thoroughly. This investigation provides an unbiased assessment of the allegations and helps determine the validity of the claims. The outcome of the COI can vary, with CPS either confirming the allegations or finding no substantial evidence of mistreatment.
Balancing Protection and Due Process
Shari emphasizes the importance of a thorough and impartial investigation when allegations of child mistreatment arise. While protecting the child’s safety is paramount, it’s equally essential to ensure that due process is followed and that both parents have an opportunity to present their side of the story.
Navigating allegations of child mistreatment in custody cases requires a careful and thoughtful approach. Shari Rackman’s insights shed light on the steps to take, whether dealing with genuine abuse or addressing concerns of perceived mistreatment. By relying on legal channels and working closely with professionals, parents can strive to ensure the best interests of their children are upheld while respecting the principles of justice and fairness.
If you would like to hire Shari for your Family Law, visit https://www.esquireelite.com/ and type in Shari Rackman in the search bar.
Disclaimer: The information in this article is not intended to be legal advice. Each situation is different, and the insurance laws in your state may differ from those discussed in this article. Please seek the advice of a professional for any questions related to your specific situation.
Shari Rackman
New York Family and Matrimonial Attorney
Shari Rackman is an experienced and compassionate attorney director specializing in family law advocacy. With over two decades of successful practice, she is dedicated to ensuring her clients' financial security and children's welfare during challenging legal proceedings. She is a recognized authority in the field, admitted to the New York Bar in 1989 and the United States Supreme Court. Active in esteemed bar associations, including the New York State Bar Association and Westchester Women’s Bar Association, Rackman empowers women in law and was honored with the Karen Z. Bell Merit Award in 2011. Her commitment to families and exceptional legal acumen define her career.
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