florida famiy lawyer who can beat dcf

How can Greater Orlando family law help with DCF/dependency cases?

At Greater Orlando Family Law, our Orlando family lawyers have extensive experience representing clients in DCF/dependency hearings. You should not go through this process alone. Our legal team will assess your case, explain your rights and options to you, and help you take the appropriate action.

Do you need a lawyer for a DCF/dependency hearing?

Whether you are a parent or another interested party, you need to seek professional legal representation. At Greater Orlando Family Law, our Orlando family lawyers have extensive experience representing clients in DCF/dependency hearings. You should not go through this process alone.

When to file a private dependency petition with DCF?

Private dependency petitions are often filed by the extended family of the parents, although anyone with knowledge of the facts supporting dependency may file a dependency petition. Private dependency petitions are normally filed when DCF fails to take timely action to investigate or remedy abuse allegations.

Do you have to report child neglect to DCF in Florida?

DCF Dependency Cases Attorney – Orlando. Florida law requires child abuse, child neglect, and abandonment to be reported to the Florida Department of Children and Families (DCF). It is a crime not to report suspected child abuse, child neglect, or abandonment.

Can you sue DCF in Florida?

Yes, in certain situations you may be able to sue the Department of Children and Family Services (DCF). You would need to show either that DCF violated your civil rights or was grossly negligent. This is hard, but not impossible, to do. These cases are more complicated than your typical personal injury case.

How do I file a complaint against a DCF worker in Florida?

Florida law requires anyone with information to report abuse directly to the Florida Abuse Hotline at 1-800-962-2873 or by using our online reporting tool .

Can DCF remove a child without a court order in Florida?

If DCF believes your children have been abused, abandoned or neglected, or are at risk of imminent abuse, abandonment or neglect they can physically remove your children. Under Florida law there must be an emergency hearing held within twenty-four (24) hours of removal.

Can DCF search your house Florida?

They do NOT have the right to enter and inspect your home without permission. They do have the right to speak to your children. If you let them into your house they will be looking for evidence of neglect and abuse. You have the right to shut the door and talk to them outside.

What do you do if you disagree with social services?

Complain to the local authority by writing a letter You should explain in your letter how the decision will affect you and why you don't think it's right. You can also ask for an explanation of how the decision has been made. More advice about writing your letter is provided by the Citizens Advice website.

Who oversees CPS in Florida?

Florida Department of Children and Families is a partner in the child welfare system. The Child Welfare Program conducts, supervises, and administers programs for dependent children and their families.

At what age can a child refuse visitation in Florida?

However, most judges will take into account a child's preference around the age of 12 or 13, along with other factors such as the child's intelligence, maturity, child's experiences with each parent and whether the child understands the decision being made.

Can social services take my child away without evidence?

Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.

How long does CPS have to close a case in Florida?

How long is an investigation? The investigation regarding your child is required to be completed within 60 days, except in cases involving a child death, missing child, or when law enforcement has an open criminal investigation.

What CPS can and Cannot do?

CPS cannot enter your home without your permission. Although CPS can show up to your home without notice, they cannot enter without your consent. Unless CPS has a court order, or they believe your child is in immediate danger, they can't enter your home unless you say it's okay.

Do parents have the right to look through your phone?

So realistically, if the phone was a gift to you by your parents before you were an adult, since you are now an adult you have a right to privacy in all your affairs, including your mobile phone.

When a parent tells a child to lie to the other parent?

Parental alienation syndrome, a term coined in the 1980s by child psychiatrist Dr. Richard A. Gardner, occurs when one parent attempts to turn the couple's children against the other parent.

How do I file a complaint against CPS in Florida?

Other avenues of reporting complaints include:Anonymously report waste through the Get Lean Hotline: 1-800-438-5326.Whistle-blower Hotline: 1-800-543-5353.More items...

How do I complain about a CPS decision?

Make your complaint in writing to HM Chief Inspector of the Crown Prosecution Service, at our London office address or by email, within 20 working days of the incident or the publication of the report. Please attach any supporting evidence. We will acknowledge receipt of your complaint within five working days.

How much does a child protective investigator make in Florida?

$35,930 a yearHow much does a Child Protective Investigator make in Florida? As of Jun 11, 2022, the average annual pay for a Child Protective Investigator in Florida is $35,930 a year. Just in case you need a simple salary calculator, that works out to be approximately $17.27 an hour.

How Long Does DCF have to investigate a case in FL?

within 60 daysHow long is an investigation? The investigation regarding your child is required to be completed within 60 days, except in cases involving a child death, missing child, or when law enforcement has an open criminal investigation.

What is AAA Family Law?

AAA Family Law represents clients in both family law (divorces, paternity cases, alimony, child support, etc) and state DCF child dependency. On this page I cover the issues faced by a lawyer appealing a child dependency rulings from a Florida child dependency court to a District Court of Appeals.

What to do if your case has a potential to succeed on appeal?

If your case has a potential to succeed on appeal, I will assess its probability. If you decide to file the appeal, I will outline the legal plan of action to protect your interests. Then I will quote you a flat or fixed attorney retention fee before you sign any contract or make any payments.

What does a dependency court review?

Appellate courts review a dependency court’s determination that a child is dependent on the state if there is an “abuse of discretion” by the trial judge. This is substantially just what they do with findings of fact in family courts; they give deference to the dependency court's decision. However, the dependency court does not receive quite as much deference as the findings of fact of a family court. First, DCF must have proven its allegations at the trial with a “preponderance of the evidence”. Second, and even more importantly, the trial court’s actual finding of dependency must be supported by “substantial, competent evidence.”

What to expect at a child dependency consultation?

At the consultation I will review your child dependency case and ask what portion of the dependency court ruling you are interested in appealing. I may decide then whether your cases is one that is likely to be accepted by the District Court of Appeals; or I may also have to get back to you later after doing some research on the subject.

How long does it take to appeal a child dependency court ruling?

For example: a parent who wishes to appeal an adverse dependency court ruling must also file a notice of appeal within thirty days of the signed order and submit an initial brief within 70 days of the filing of this notice.

Can a parent appeal a dependency ruling?

One procedural aspect differentiates appeals of dependency rulings: More than one party can serve as both appellants and appellees. For example, both the mother and father may appeal a dependency ruling separately, and the DCF and Guardian Ad Litem attorneys may also file separate answer briefs. In short, having more parties to the dependency court proceeding can lead to more participants in the appeal. Naturally, this will likely prolong the appellate process.

3 attorney answers

If this is a judicial case, and it sounds like it is, and any of the children involved are your own, then you have a right to a court appointed attorney. If that is the case, you should have been given a case plan with some sort of goal. If that goal is reunification, then you have tasks that you need to complete to be reunited with your children.

Heather Morcroft

Both attorneys are right on point. You need to speak to a local attorney. Juna M. Pulayya "Junior" www.jmplawyer.com junior@jmplawyer.com...

Junior Pulayya

Have you been given a court appointed attorney? Based on the facts as described you really need to discuss your case with an attorney at length.

R. Jason de Groot

Get some free consultations with attorneys in your area. This is the type of thing that I love to fight. DCF frequently walks all over parents and it frequently a pleasure to represent parents who have done nothing wrong. It costs money though, we cannot work for free.

Stephanie Thompson Pawuk

Although I'm not certain I would take your case, I would be willing to talk to you. DCF/ Hills Kids is frequently underhanded and wrong in Hillsborough County. www.pawuklaw.com

Alberto Victor Batista

You will need a very aggressive attorney to help you in dealing with DCF, especially if they have decided to terminate your parental rights. Unfortunately, typical hearings in Dependency cases may take hours. Many times there are case managers, or investigators who are not present, and so they must...

Where is Orlando Family Law?

At Greater Orlando Family Law, we are proud to be strong, aggressive advocates for parents throughout Central Florida. Our law firm is prepared to represent you in a DCF/dependency hearing. To get set up a free, strictly private review of your family law case, please do not hesitate to contact our law firm today. From our law office in Orlando, we serve communities throughout Orange County, FL, including Winter Park, Winter Garden, Windermere, Ocoee, Apopka, and Lake Buena Vista.

Who files dependency petitions?

In many cases, dependency actions are filed by the Department of Children and Families (DCF). Though, that is not always true. There are circumstances in which private dependency actions are filed by an interested party who has noticed a serious problem. It could be a grandparent, an aunt or uncle, the child’s other parent, or even a friend or neighbor. Typically, private dependency actions are filed when the petitioner believes that the DCF has failed to take proper actions to investigate the case or to stop abuse/neglect. If you are considering filing a private dependency petition to protect a child, you should consult with an Orlando family lawyer for guidance.

Who is Cynthia Winter's attorney?

Highly experienced, courteous professionals! Cynthia Winter and my attorney, Eric Bensen, were always there for me from the very start. Highly recommend Orlando Legal for anyone needing legal representation!

Does Greater Orlando Family Law have DCF?

At Greater Orlando Family Law, our Orlando family lawyers have extensive experience representing clients in DCF/dependency hearings. You should not go through this process alone. Our legal team will assess your case, explain your rights and options to you, and help you take the appropriate action. To set up a free, fully confidential consultation, please contact our Orlando law office today.

Can the DCF take possession of a child in Florida?

§ 39.402), the DCF may take action to ‘shelter’ your child. This means removing your child from your home. There is a wide range of different justifications the DCF uses to take possession of children. In these type of cases, parents should always act as though the burden is on them to prove that they are innocent of any charges of abuse or neglect. As stressful and unfair as this can seem, it is crucial that parents put forth the strongest claim to protect their rights. A skilled DCF/dependency hearing attorney can help.

The DCF Hearing Process

The petition filed by DCF will include the allegations against you in regard to your parenting. The first step in the hearing is the arraignment, during which you will admit or deny the allegations, or consent to court supervision without admission or denial. If you deny the allegations, you might need to:

Contact a DCF Lawyer in Florida Right Away

If you have been contacted by DCF, you should consult with a Florida DCF attorney Juliana Gaita as soon as possible. We are here to help in this serious situation, so please contact us today.

How does a DCF case work in Florida?

Florida Department of Children and Families (DCF) cases start with allegations that are forwarded to law enforcement or directly to DCF. An investigator is sent out to visit the child, parents, and any other adults who may have relevant information regarding the allegations. Usually, at that time, an investigator will not only interview the alleged victim, but also will assess the conditions of the home or place that the incident is alleged to have occurred. Upon review, the investigative team will determine whether there are facts that give rise to the case going to court and whether the child should remain in the home during the pendency of the DCF investigation and court case.

What is the role of the Florida Department of Children and Families?

It is the role of the Florida Department of Children and Families to take each allegation seriously and to ensure that claim is investigated to ensure the safety of all individuals involved. Being involved in an investigation is stressful and causes many to worry about losing legal rights to a child or a grandchild.

Is DCF a criminal case?

While these types of investigations can involve criminal matters like domestic violence, substance abuse, and child abuse, the DCF investigation and resulting case are not criminal charges. Under Florida Statutes Chapter 39, the State of Florida has a duty to children and vulnerable adults to protect them from abuse, neglect, ...

Can a Florida family law attorney act in your behalf in a DCF investigation?

The earlier that a Florida Family Law Attorney can act in your behalf in a DCF investigation, the more effective the attorney can be to helping to resolve issues and bring resolution to the situation as quickly as possible.

What is the burden of DCF?

The burden for DCF to remove a child from parents is relatively low. The burden of persuasion in an investigation often shifts to the parent to prove that no abuse occurred.

What is DCF investigation?

DCF investigations of abuse, neglect, or abandonment include special issues . The identity of the reporter is confidential, which limits a parent’s ability to address possible motive, bias, or credibility of the reporter. The police may threaten to take a child into custody unless a parent makes a statement or otherwise cooperates with the police in a criminal case. DCF may try to force one parent to testify against the other parent or a boyfriend or girlfriend. DCF may pressure one parent to file an injunction against the other parent or a boyfriend or girlfriend. DCF may try to question a child outside the presence of parents, relatives, or custodians.

What is a private dependency petition?

Private Dependency Petitions. A private dependency petition is a judicial dependency case that is filed by someone other than DCF. Private dependency petitions are often filed by the extended family of the parents, although anyone with knowledge of the facts supporting dependency may file a dependency petition.

What does DCF mean by "shelter"?

Shelter & Removal of Children by DCF. DCF may try to “shelter” a child , which means to remove a child from the custody of a parent or other legal caregiver if DCF believes there is imminent risk of abuse, neglect, or abandonment. DCF often shelters children if parents use drugs in the presence of a child or if parents are involved in domestic ...

What can a dependency attorney do?

A dependency attorney can advise you about the consequences of entering a denial or consent. A dependency attorney can help you with legal issues involving case plan compliance, placement, custody, visitation, timesharing, child support, reunification, and permanency in a dependency case. DeVoe Law Firm can provide you with the cost-effective representation you need to understand and defend your parental rights in your juvenile dependency case. Call 407-284-1620 for more information.

What is the law in Florida regarding child abuse?

Florida law requires child abuse, child neglect, and abandonment to be reported to the Florida Department of Children and Families (DCF).

Can DCF shelter a child?

DCF may shelter a child even if the state attorney’s office does not ultimately file criminal charges or the related criminal case is dismissed due to lack of evidence.