How Do Indicated Case “Fair Hearings” Work After a CPS Finding?

We’re still living together and we’re about to break up.  We have children together.  What do I do? If you are reading this book, you are probably a working parent.  You come home from work, and your home is supposed to be an oasis of serenity.  If you are living with a partner that you are breaking up with, your home is probably anything but that. Living with a partner that you are breaking up with is always excruciating.  In fact, Vince Vaughn and Jennifer Aniston starred in a movie about it.  When there are children in the mix, that makes matters even more complicated, and more painful. In this chapter, we will seek to answer some common questions that come up in situations like this. What is the ideal solution? Ideally, with the help of your attorneys, you will come to an agreement regarding a parenting time schedule (when the children are with each of you), and how the children will be supported.  Once that agreement is in place, then you can separate amicably.  This is the smoothest, cleanest way to resolve this issue. If we cannot come to an agreement, should I leave? I know that people hate attorneys for providing this answer, but it depends. If you have a place where you can take your children to, which does not interfere with the other parent’s relationship with the children, then it is less likely that you are effectively surrendering custody to the other parent.  ( However, if the court finds that your move makes it impossible for the other parent to maintain a relationship with the children, then that may cause you to lose custody.) If you move out of the home and leave the children with the other parent, then it will make it more difficult for you to get custody.  Also, it will entitle the other parent to child support, and in some cases, maintenance (alimony). Another issue is the home itself.  If you want to keep the home for yourself, leaving will make that more difficult. However, under no circumstances should you put yourself in physical danger by remaining in the home with the other parent. We’re trying to come to an agreement, but it is taking a while.  What do we do in the meantime? In the meantime, many couples come up with solutions to remain separated even in the same home, if that makes sense.  Many people, if they can, sleep in different rooms.  Many people even establish temporary parenting schedules, even while living in the same house.  For example, they may agree that both of the parents will alternate weekends with the children, and split Mondays through Thursdays.  However, some flexibility is in order in these circumstances.  If your days are Monday and Tuesday, and the children happen to see the other parent eating breakfast on those days, there is nothing “illegal” about the other parent letting the children sit down and eat at the same table.  It also does not mean that the other parent is trying to keep the children from you or take away your parenting time.  Common sense and goodwill are in order, even in the most emotionally trying of circumstances. This can be an uncomfortable and awkward situation for you and your former partner, but this may be what is best for the children while something more permanent is being figured out. Most of all, remember that this period will pass.  If you’ve already made the decision to end the relationship, then there is a light at the end of the tunnel.

An uncontested divorce can be arranged here in Queens, NY when both spouses agree to end the marriage and have resolved every related issue: including all issues related to children. If you're hoping to take this route, an uncontested divorce lawyer can help you get everything in order, deal with all the court paperwork, and move on with your life as quickly as possible. Options for an Uncontested Divorce With Children in Queens, NY To qualify for an uncontested divorce, you and your spouse have to agree on the division of property and debts, any spousal maintenance, and, when there are children under twenty-one, their legal custody, physical custody and parenting time, and child support. The Traditional Uncontested Divorce Packet The Uniform Uncontested Divorce Packet has been designed specifically for cases with children. To use this packet, one spouse files as plaintiff and purchases an index number from the County Clerk. Then they have the summons and accompanying notices personally served to the other spouse, who is known as the defendant. The defendant may then sign an affirmation agreeing to the divorce and asking for nothing further, or, they may simply fail to appear at the hearing, in which case the case proceeds by default after a required waiting period. To take this route, you'll need to provide a written settlement agreement that covers custody, a detailed parenting-time schedule, child support calculated according to the state's child support standards, and lay out all the financial issues. Those papers will need to include the child-support worksheet, the UCS-111 Child Support Summary Form, an addendum to the Request for Judicial Intervention, and, when appropriate, an income-withholding order and a qualified medical child-support order. The paperwork is extensive and can be confusing, but your lawyer will be able to put it all together for you and ensure it's filed correctly. The Uncontested Joint Divorce Program This path has only just become available statewide, with forms revised on March 1, 2026. With this route, both spouses file together on the grounds that the marriage has irretrievably broken down, and they can then use a dedicated packet of JD-series forms that exist in a version specifically for families with children. Because you're submitted jointly, you don't have to arrange for serving the papers to your spouse, and the entire process is sped up. To file this way, you'll have to both be willing to make a joint affirmation of facts and agreement on custody, parenting time, and child support, and you'll need to calculate everything based on the same child-support worksheets and summary forms required in the traditional packet. The court then reviews your joint submission, and, if everything is complete and consistent with the children's best interests, the court will sign off and the divorce will be finalized. Talk to an Uncontested Divorce Lawyer If you and your spouse are in agreement and ready to divorce, but there are children involved, things will go most smoothly if you have a lawyer's help. Reach out to us now at the Law Offices of Joseph H. Nivin in Queens, NY. We're dedicated to promoting the dignity of individuals and families during times of change.

Dealing with Child Protective Services (CPS) can be one of the most stressful experiences for any parent or caregiver. At The Law Offices of Joseph H. Nivin, P.C., we help families in Forest Hills, Queens, and Brooklyn navigate CPS investigations, hearings, and the legal system with clarity and confidence. Our goal is to ensure your rights are protected while guiding you through each step of the process. We know how overwhelming it can feel when CPS gets involved in your family’s life. What Is Child Protective Services (CPS)? Child Protective Services (CPS) is a government agency responsible for investigating reports of child abuse or neglect. In New York, CPS operates under the Administration for Children’s Services (ACS) in New York City and under local social service agencies in other counties. When a report is made, CPS must assess the situation to determine whether a child is at risk. This may involve visiting the home, speaking with the child, and contacting schools, doctors, or relatives. Why CPS May Become Involved CPS cases often begin when someone makes a report to the State Central Register of Child Abuse and Maltreatment (SCR). Reports can be made by: Teachers, doctors, or other mandatory reporters Neighbors, relatives, or others who suspect abuse or neglect Law enforcement officers Common reasons CPS becomes involved include: Allegations of physical abuse or neglect Concerns about unsafe living conditions Claims of educational neglect Substance abuse in the home Domestic violence exposure What to Expect During a CPS Investigation If CPS opens an investigation, you may experience: Unannounced visits to your home Interviews with you, your children, or other household members Requests for records, such as medical or school documents Safety assessments of your home environment Investigations usually last 60 days. At the end, CPS will determine whether the allegations are “ indicated” (supported by evidence) or “unfounded.” Your Rights When Dealing With CPS It’s important to understand that you have rights during the process: You do not have to let CPS enter your home without a court order. You have the right to consult with an attorney before answering questions. You can refuse to sign any documents without legal advice. You can appeal decisions made by CPS. Having a family law attorney on your side ensures that CPS respects your rights and that you do not accidentally say or do something that harms your case. How a CPS Lawyer in New York Can Help At The Law Offices of Joseph H. Nivin, P.C., we represent parents and caregivers facing CPS investigations and Family Court proceedings in Forest Hills, Queens, and Brooklyn. We can help you by: Explaining your rights and options clearly Communicating with CPS on your behalf Preparing you for interviews and hearings Representing you in Family Court if necessary Working toward solutions that protect your family’s future Serving Families in Forest Hills, Queens, and Brooklyn We understand the unique challenges families face in New York City. Whether you live in Forest Hills, Queens, or Brooklyn, our team is ready to guide you through the CPS process and advocate for your family every step of the way. Contact The Law Offices of Joseph H. Nivin, P.C. Today If CPS has contacted you or your family, do not wait to get legal help. The sooner you act, the better your chances of protecting your rights and your children. Contact The Law Offices of Joseph H. Nivin, P.C. today for a consultation and let us help you move forward with confidence.