Frequently Asked Questions
General information from Gregory Salant, a partner at Harold, Salant, Strassfield & Rotbard, LLP. It is not legal advice and does not create an attorney-client relationship. Every case is different.
What happens when CPS investigates a parent in New York?
A report to the Statewide Central Register goes to the local child protective service, which must begin investigating within 24 hours and generally decide within 60 days whether the report is indicated or unfounded. Caseworkers may visit the home, interview the children and others, and request records. You may consult a lawyer first. An investigation is not a court case. If the report is indicated, you may request amendment and a fair hearing within the deadlines stated in the notice, and the agency may separately file an Article 10 case in Family Court. → CPS Investigations
Can CPS remove a child without a court order?
Only in limited emergencies, generally where the child's life or health is in imminent danger and there is not time to obtain a court order. The agency must then promptly bring the case to Family Court, and the parent may seek a hearing for the child's return. → Child Abuse and Neglect Proceedings
What happens at an Article 10 fact-finding hearing?
It is the trial on whether abuse or neglect occurred. The agency presents evidence; the parent's lawyer cross-examines witnesses and may present evidence; the Attorney for the Child participates. A finding must be based on a preponderance of the evidence. If a finding is made, a separate dispositional hearing follows. → Article 10 Proceedings
How does a New York court determine child custody?
Based on the child's best interests and all the circumstances, including stability, each parent's caregiving history and fitness, willingness to support the child's relationship with the other parent, any domestic violence, and the child's wishes according to age and maturity. There is no automatic preference for either parent. → Child Custody and Parenting Time
Can a custody or child support order be modified?
Yes, in appropriate circumstances. Custody modification requires a change in circumstances making a change in the child's best interests. Child support may be modified on a substantial change in circumstances and, for many orders, after three years or a 15% change in income, unless the parties validly opted out. → Modifications & Enforcement
How are businesses and professional practices valued in divorce?
Usually through expert valuation, using income-, market- or asset-based methods. Common issues include normalizing owner compensation, distinguishing personal from enterprise goodwill, the valuation date, and what portion is marital if the business began before the marriage. → High-Net-Worth Divorce
What if I believe marital assets have not been fully disclosed?
Both spouses must provide sworn Statements of Net Worth and documents. Where disclosure is incomplete, tools include document demands, subpoenas, depositions, and forensic accounting. Courts have remedies for non-disclosure and may consider wasteful dissipation when dividing property. → High-Net-Worth Divorce
How long does a contested divorce take in Westchester County?
It varies widely with the complexity of the finances, whether custody is disputed, the need for experts, and the court's calendar. Many contested cases take a year or more, and most resolve before trial. → Complex and Contested Divorce
What is an Attorney for the Child, and how does that experience help?
In custody and abuse or neglect proceedings, the court often appoints a lawyer to represent the child. Gregory has extensive experience in that role. It has given him a practical understanding of how these cases affect children and how a child's needs are presented to the court, and he brings that perspective to representing parents. → About Gregory Salant