how to find a lawyer for my child dependency case

by Jillian Jacobi 8 min read

Find a firm with experience in the local courts The law firm you hire should not only have years of experience practicing child dependency, but the firm should also have substantial experience in the court where your case is pending. Each court has unique procedures and staff, so it is important that your lawyer is familiar with the local court.

Full Answer

What happens if the court makes a finding of dependency?

If the Court makes a finding of dependency, then the placement of the children, the goal for the family, and the services the family will need in order to reach those goals, will be addressed with a Case Plan. At times, the Case Plan may include more than one goal (this is called “concurrent planning”).

Can a child dependency attorney stop DCFS from taking my kids?

Experienced Child Dependency attorneys can make ALL the difference in you stopping DCFS CPS from taking your kids (if you are under investigation), or can help get your children back if taken already. To depend upon an overworked, court-appointed lawyer is tantamount to admitting defeat.

Do I need a juvenile dependency attorney?

As a parent or relative who has the child’s interest at heart, You MUST seek help from a Juvenile Dependency Attorney who has, at least, 10-years’ experience working fulltime in these special courts learning how they work. READ RADIO SHOW TRANSCRIPTS HERE

Where can I find the laws that regulate dependency cases?

You can find the laws that regulate dependency cases in Florida Statute section 39. There are many paths a dependency case can take, and not all will apply to every case. Some of the possible hearings or legal processes you may have are discussed here:

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What is dependency proceedings?

In a dependency proceeding, the state asserts a parent is unable or unfit to care for a child. By Ave Mince-Didier. Juvenile or child dependency proceedings determine whether a child's parent or guardian is abusive or neglectful.

What are juvenile dependency cases?

When children come to court because a parent has hurt them or not taken care of them, this is a juvenile dependency case. Until a child grows up, he or she is dependent on adults and needs their protection.

How do I get a dismissed dependency case in Arizona?

After all of the witnesses testify the judge will make a ruling regarding dependency. If the state fails to prove the children are dependent the petition will be dismissed and the children will be ordered returned to the parents' custody.

How do I get a CPS case dismissed in California?

Remember: CPS can dismiss your case at any time they feel the child is in no real danger or if all agreements, services and requested tasks have been completed. A judge can also dismiss a case if CPS fails to provide sufficient evidence of abuse or neglect.

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.

What happens at a 388 hearing?

A 388 petition is typically brought to request a hearing to modify, change, or set aside a previous court order, or to terminate juvenile court jurisdiction, on the ground that there are changed circumstances or new evidence. Any change or modification of a previous order may be sought by a 388 petition.

How do I fight DCS in Arizona?

If you have a dispute with DCS, follow the following steps:Step 1: Attempt to Resolve Disputes with the DCS Caseworker. ... Step 2: Elevate Concern to DCS Supervisor. ... Step 3: Contact the DCS Office of the Ombudsman or utilize the DCS Grievance process. ... Step 4: Contact the State of Arizona Ombudsman-Citizens' Aide Office.

What is a dependency petition in Arizona?

A dependency is an assertion by the state or a third party that a parent is unfit or unable to care for their child or children. The Department of Child Safety (DCS) is usually the party who requests the state file a dependency petition to remove the children from the custody of the parents.

What is a permanency hearing Arizona?

A. Purpose. At the permanency hearing the court shall determine the future permanent legal status for the child and shall enter such orders as may be necessary to accomplish the plan within a specific time frame.

What are grounds for CPS to remove a child in California?

How Does CPS Determine Child Removal?Physical or sexual abuse by a family member.Failure to protect the child from danger.Failure to provide proper care and supervision for a child.Failure to provide the child with necessary needs such as food, clothing, shelter, or medical treatment.

Will CPS drop case?

Getting the CPS to drop charges against you will primarily rely on being able to point out holes in the case against you. If the evidence they present is not strong enough, or can be easily dismissed, it is much more likely that they will choose to offer no evidence or discontinue the charges.

Do judges always agree with social services?

The judge is likely unless he or she considers that the evidence before the court suggests otherwise to take full account of the recommendations made by children's services and the guardian.

Understanding The Child Dependency Process

Your Child Could Be Returned to Your Care

  • During the child dependency process, the court could decide to remove your child from your custody and send him or her to live with a relative or in a foster home while the case is pending. The object of the child dependency court is to make sure your child is not living in a dangerous environment. An experienced child dependency lawyer may be able to show the court that you d…
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The Allegations Against You Could Be Shown to Be False

  • One of the court hearings in a child dependency case is a jurisdiction hearing. At this hearing, the court will decide if the allegations of child abuse or neglect against you are true. If the court finds the allegations true, the case will move forward to the next hearing. If the court finds that the allegations are not true, your child could be returned to your care immediately. The jurisdiction h…
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A Private Attorney Can Treat Your Case with The Care It Deserves

  • If you hire Wallin & Klarich, the facts of your case will be thoroughly investigated by an experienced child dependency lawyerwho will work hard to make sure you obtain the best possible outcome in your case.
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