Criminal Defense Lawyers

What Can Child Protective Services Do?

Under applicable laws, child protective services remove the child from the home permanently. The child is processed in the social system and sent to a foster care facility and/or orphanage. The child becomes a ward of the state, and the state becomes legally responsible for the health and welfare of the child.

Can Another Parent Seek Custody of the Child?

If the other parent lived with the defendant, they cannot legally seek custody of the child. The laws prevent the child from returning to the household where they were abused, neglected, or sexually assaulted. If the parent lived with the defendant, the individual condoned the behavior and failed to take action to protect the child. A failure to protect the child from any form of abuse could also deem the other parent at fault as well.

Who Can Seek Custody of the Child?

The opposing biological parent could seek custody if they didn’t live in the same home as the defendant. They also have the right to seek sole custody of the child once the defendant is convicted.

Another biological family member or adult could seek child custody if they live in a separate household. However, state family laws require the individual to file a petition and undergo a home study and interview with a caseworker. The petitioner must provide evidence that shows he or she can support the child financially and provide a safe home for the child.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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If custody is granted, additional provisions may apply to prevent access for the defendant to the child. The court can prevent all access to the child or require court-supervised visitation if the opposing parent allows it.

Are Parental Rights Terminated?

Yes, the state will terminate the parental rights to the child in some cases. The circumstances of the offense define whether or not the defendant could seek any rights to the child upon their release. In circumstances in which the child was neglected, the state may not terminate the rights if the parent had an existing addiction to drugs or alcohol and underwent a treatment program during incarceration.

However, if the parent was convicted of child sexual misconduct, sexual assault, or any sexually-based crime involving the child, the state terminates their rights to the child. Once the parental rights are terminated, the defendant cannot hire an attorney upon their release and overturn the ruling.

Registering as a Sex Offender

Defendants who were convicted of a child-related sex crime must register in their area as a sex offender. Under state laws, sex offenders are not allowed to live in areas that are within 500 feet of schools, daycares, parks, or other establishments where children are present frequently. The defendants cannot work in job positions that require them to work with children or to be left alone with a child at any time. Additionally, the laws prohibit any registered sex offender from becoming a foster parent or attempting to adopt a child in the future.

In New York, when a parent is convicted of any crime related to their own child, the state notifies child protective services immediately. Penal Code 440.65 provides child protective services with the notification and gives them the authority to take action to protect the child. To learn more about the law, you can review all New York state penal codes now.