Elements of Child Neglect in New York State
Child neglect is defined as the failure of a parent or guardian to provide care and supervision to a child in such a manner that it compromises the child’s safety, well-being, or health. New York State considers child neglect to be a crime, but it can also factor into custody disputes when two parents are fighting over the custody of a child. If you have been accused of child neglect either by your former spouse or a state agency, then you should know what to expect. If you suspect that your former spouse or the parent of your child is neglecting your children in a way that compromises their safety, you can raise this allegation in court. In this article, the Westchester County child custody attorneys at The Law Office of Robert S. Sunshine will discuss what qualifies as child neglect under New York State law.
What constitutes child neglect in New York State?
According to New York State law, child neglect entails allegations that a parent has failed to provide basic needs, including food, clothing, medical care, and shelter to their child. In addition, parents who fail to supervise their children in a way that places them at risk of injury or compromises their well-being, health, or safety can also be accused of child neglect.
According to the New York Family Court Statute, Section 1012, a neglected child is one who is under the age of 18 whose condition has been impacted by a parent or guardian who has failed to exercise the required degree of care. In other words, the parent has allowed the child to suffer physical or emotional harm due to a lack of proper supervision, abuse of drugs or alcohol, or excessive corporal punishment.
If you suspect that your former spouse or the parent of your child is abusing or neglecting your children, you should relay that information to your family law attorney. If you have been accused of child neglect by your former spouse, you will want to defend yourself vigorously from the allegations.
Examples of child neglect in New York State
Examples of child neglect in New York State include:
- Failing to support your child’s academic needs by not addressing their educational requirements or keeping them home from school for unjustifiable reasons
- Failing to provide basic needs such as shelter, food, clothing, and medical care
- Using drugs or alcohol in such a way that the parent cannot safely take care of the child
- Failing to protect the child from domestic violence including spousal abuse
- Use of corporal punishment (hitting or striking the child) in such a way that it results in physical and emotional harm
- Possessing illegal drugs or using illegal drugs in the presence of the child
- Leaving the child in the care of another party who cannot adequately supervise or protect them
- Subjecting the child to verbal abuse such as humiliation or excessive or unwarranted criticism
- Giving drugs to a child
- Driving under the influence of drugs or alcohol with a child in the car
Talk to a Rockland County Child Custody Attorney Today
The Law Office of Robert S. Sunshine represents the interests of parents in child custody disputes with their former spouses or the parents of their child. Call our office today to schedule an appointment and we can begin addressing your concerns right away.
