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What can I do about ACS?
Anonymous3 views2 answers
Hello, I recently gave birth to my first child in NY and was tested positive for marijuana at the hospital in which resulted in them contacting ACS. ACS opened a case and interviewed/ video chatted with me and requested the father who I didn’t want to be involved with the case because he didn’tknow about the situation. They insisted that I speak to him because they wanted to speak with him. He was interviewed and now they are asking for further contact with us both. Can he refuse the video chat the ACS? I prefer not to have him involved further in the case
This is not necessarily a child custody matter in the traditional sense because the court will likely not become involved in this matter unless ACS is bringing a charge of abuse of neglect against you. Even if they do make what's called a "finding" it could potentially only involve an administrative matter through the Office of Child and Family Services. As an attorney who represents many clients in this type of administrative matter, it's imperative that you cooperate with your case worker. Although you have no control over the father if the two of you are not residing together, it's always best to be forthcoming and take the steps they request of you. Any push back or unwillingness to provide information, communicate or attend the services they suggest could lead to findings that will stay on your record and appear on a background check for decades. Cooperate with your caseworker, even if it may seem intrusive or rude. They have a lot of discretion and waging a battle with them will not get you anywhere. If you do end up with a finding or court case, reach out to an attorney in your area who can help with representation. Those type of issues are time sensitive. Congratulations on your baby and I wish you the best of luck.
