If a parent has a legitimate reason to believe their child has been abused or neglected by the other parent, they can request an immediate hearing in front of a judge.
WATCH: Who typically requests the investigation when there is suspicion of child abuse or neglect?
Typically third parties make reports of suspected child abuse or child neglect to the appropriate authorities.
WATCH: What can a parent do if their child has been abused by the other parent?
What can a parent do if their child has been abused by the other parent? Erin Durnell answers:
What can a parent legally do to protect their children from their ex who has a history of abuse or addiction?
The proper way to address those types of concerns is to bring the matter to the attention of the court. That’s done by the filing of a petition, which might seek to limit the parenting time of the other parent or control or restrict the activities of the other parent undertaken in the presence to […]
How can a separated or divorced parent defend against allegations of child abuse or neglect by the other parent?
It depends on if they’ve actually contacted Family Services or if they’ve, let’s say, filed for a modification of custody based on these allegations. It’s based on evidence. If they’re saying, “This person is supposed to be clean and sober, but I heard them talk to me on the telephone a few times and they […]
What is a safety plan and when is it used?
A safety plan is when Family Services comes to us, case is done, and they determine, for instance, you can have your children in your home but your partner cannot be around them or your partner cannot ever be left alone with them but can be around them supervised. Different safety plans are just ways […]
What should a separated or divorced parent do if Family Services is investigating him or her for failure to protect their child?
They should talk to their attorney. They shouldn’t talk to Family Services. At that point, the parent should separate from the partner for the time being immediately. Because, if the parent separates from their partner, their children will not be removed from their home. If that’s the only allegation, this other partner is abusive, but […]
What can a father do to dispute false claims of domestic violence or child abuse?
Well, it is just an allegation. You have to prove domestic violence. Sometimes individuals do indeed utilize on domestic violence as a tactic, but the question is, is it real? We speak in terms of the allegation. However, ultimately that allegation has to be litigated in the courts, and judges are not as apt to […]
What kind of things can a family law attorney help with to conclude the juvenile dependency case quickly?
Typically, it’s not very quick in Juvenile Court. A family law attorney brings a different perspective to Juvenile Court. We have public defenders that are in there all day, every day doing what they do, and we have the Family Services that really has a very strong presence there, pretty much telling everybody how it’s […]
Can a family law attorney who is representing a party in their divorce case also handle the juvenile dependency case?
Absolutely, but it depends on finances. In a juvenile case, it’s similar to a criminal case. You are able to get a court-appointed attorney if you can qualify for it financially. We oftentimes have parents that have their court-appointed attorney and then they’re trying to do their divorce at the same time where their court-appointed […]
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