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A New York Family Court decision to allow a mother to have unsupervised visitation to her baby girl was reversed after review by an appeals court, as reported by the New York Law Journal in an August 3, 2012 article.

The child had been removed from the mother’s care after sustaining an injury to her wrist and ribs which led to the child developing pneumonia. The Administration for Children’s Services (ACS) intervened and accused the mother of abuse and neglect. ACS petitioned the court requesting that that the child be removed completely from the mother’s care.

The Family Court conduct a permanency hearing but not a full fact-finding hearing and decided to grant the mother at least one hour unsupervised visitation daily with the child. ACS appealed this order and upon review the Brooklyn appeals court found that the lower court had not used their discretion correctly give the serious allegations of physical abuse. Visitation was revoked until the full fact-finding hearing and the final determination of the child abuse allegations are resolved.

If you are seeking divorce or child custody it is advisable to retain the expertise of an experienced attorney. Jayson Lutzky has over 29 years of experience practicing law and understands the importance of understanding new legal developments. He offers free initial consultations—to set one up, please call his office at (800) 660-5299 or visit www.MyNewYorkCityLawyer.com.