In recent days, national attention has been focused on an anonymous report of child abuse against Brad Pitt. This lead me to consider, what if this situation played out in New York State?
According to the TMZ website on 9/23/16, “Brad, Angelina, and their kids were on a flight last Wednesday when he allegedly got wasted on a private jet. He allegedly went wild, screaming and getting physical with the kids.”
In New York State, under these circumstances, whether or not Mr. Pitt would be eventually indicated for child abuse depends upon if the children were injured by the physical contact. In order to qualify for abuse, the behavior must have at least created a substantial risk of permanent or protracted impairment to the physical or emotional health of the children.
Given what we know, a finding of abuse seems unlikely. However, an indication of child neglect may be indicated and ultimately sustained under New York laws. To proceed with a neglect charge, the county much show that a parent failed to provide proper supervision or guardianship by inflicting excessive corporal punishment or by misusing alcoholic beverages to the extent that he loses self-control of his actions. The facts alleged in the TMZ story seem to much more closely fit the definition of neglect.
An investigation by Child Protective Services regarding allegations of abuse and/or neglect is a serious matter which can have a profound impact on one’s relationship with their children. If you or someone you know has questions about abuse, neglect or any other family law matter, please feel free to give us a call at The Colwell Law Group, LLC @ 518-462-4242.
At the Colwell Law Group, our number one priority is always our clients. The members of our team have decades of combined experience in negotiating and trying family law cases. We are able to use our experience and our knowledge of the courts and New York family law to act as advocates for our clients. Our lawyers are dedicated to serving our clients’ best interests while also allowing them to feel heard and understood. We want to ensure that they trust us and understand why we do what we do. Colwell Law has numerous attorneys who are experienced in Family Law that can help put you at ease.
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