Child Protective Services

Child Protective Services (CPS) Defense Lawyer in Westchester County

Representing New York Families Accused of Child Abuse or Neglect

When you are dealing with Child Protective Services (CPS), it’s critical to act fast to ensure your rights as a parent are protected. Whether you are currently being investigated, just learned that you will be investigated, or your child has already been removed, we’re here to tell you there’s hope.

With the right attorney on your side, you can avoid the endless, confusing maze that is often felt by parents who are dealing with CPS cases. At Riebling & Payton, PLLC we carefully listen to our clients and their unique situations to provide them with a candid assessment of their legal options. It’s in your best interest to act quickly, because the sooner you call, the more we can do for you. We may be able to prove that false allegations were made based on misunderstandings.


Ready to talk to a CPS attorney? Call (914) 712-6878 to schedule your free case evaluation.


New York Child Protective Services Process

The first action CPS will take is to investigate the child’s residence to determine if the child’s living situation is harmful. Depending on the severity of evidence found, the CPS agent may have the authority to remove the child from the home immediately.

If insufficient evidence of reasonable danger is found, CPS may look for other signs of misconduct at the residence. If they find any other signs of misconduct at the residence, they will file an Article Ten Motion, which permits them to perform a more thorough investigation and conduct interviews with the child and/or other family members.

The following issues may bring CPS into your home:

  • Emotional abuse
  • Physical abuse
  • Negligence
  • Mistreatment
  • Other endangering issues

What Are My Rights as a Parent?

It is completely normal to feel nervous or anxious when dealing with the CPS agency. However, it’s important to know what rights you have as a parent under New York Law.

The following rights can help you navigate the CPS process:

  • Denying access to your home: The 4th amendment protects you from “illegal search and seizure,” meaning no government agency can enter your property without a court order.
  • Right to know: If a CPS agent comes knocking on your door, you have every right to know exactly why they want to perform a search. You can ask the assigned agent to describe any allegations made against you and you may ask for written documentation.
  • Hiring an attorney: You have the right to hire a lawyer before you speak to any CPS agent. This is your best chance at avoiding CPS court orders, as words can be twisted by the time information gets to the local court.

Contact Us for a Free Case Evaluation

When you’re at risk of losing your child, there is too much at stake to settle for an inexperienced or mediocre attorney.

At Riebling & Payton, PLLC, we can protect your rights in every aspect of the CPS investigation. We recognize the frustration and stress felt during cases involving CPS, which is why we are committed to providing our clients with the information and support they need during this trying time.


Let us help you fight CPS. Contact us online or call (914) 712-6878 to schedule your consultation!


  • Marcia  Payton Photo
    Marcia Payton
    Marcia began her legal career by working as an Assistant District Attorney in New York City, prosecuting criminal cases in the country's finest and most highly regarded District Attorney's Office - New York County. It was here that Marcia worked with police officers and detectives and learned how a criminal investigation is handled from arrest to trial. Marcia successfully prosecuted thousands of criminal cases while working in the Office of Special Narcotics in New York City, presenting ...
  • Stephen J. Riebling Photo
    Stephen J. Riebling
    “The Court has to say, I have been impressed by Mr. Riebling’s knowledge … and his grasp of the records in this case. It is beyond any that I have seen in any kind of a case similar to this. I am just saying, it’s part of my thinking that someone with your knowledge would be able to understand these things certainly better than I am and perhaps most laymen or even attorneys…” - Westchester Supreme Court Judge Robert Neary Judge Neary was the presiding judge in the murder trial of Lacey Spears. ...
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