Family Law Questions? Ask a Family Lawyer Online.
Hello and thanks for choosing Just Answer®. I am a licensed family law attorney, and I will be glad to try and assist you.
To provide you with accurate information, could you please clarify these points so I can best address your inquiry:
- When and why were the children removed?
Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.
On tuesday March the 26th, my 4 year old daughter snook out of the house and walked about a half a block to meet her brother and sister when they got out of school. on the day in question when she walked down there the cross walk person ask her where she was going and she said to the store so the cross walk person walked her across across the street and down to the store where they called the police and DHS and DHS took my kids. I have no ideal where my childern are. Its like they been kidnaped. Please help me
When DHS effectuates a removal, a court case is opened up immediately thereafter. Additionally, shortly thereafter, they will file pleadings with the court alleging abuse, abandonment or neglect on the part of the parent. Here, my guess is that DHS will allege that you neglected the child in permitting her to leave the home without supervision.
It is at this point that you would formulate a plan on having the child returned. If the only allegation is that your 4 year old daughter got out of the house on a single occasion, I would suggest that this is not enough to effectuate a proper removal of a child from a parent.
You would need to argue to the judge that this was a simple mistake, it was not indicative of what normally occurs in your home and that the child is not in danger. Based on the facts as you have stated them thus far, I would suggest that you have an excellent chance of prevailing and having the child returned in the very near future.
Please let me know if anything requires clarification.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
This clearly should have been mentioned initially. As you suggested, this was a better reason for the removal than the child getting out of the house. Now, you will likely have to attend a drug evaluation and counseling and you will need to take, and pass, drug tests for some period of time before being reunified with your daughter.
With that said, this new information does not mean you cannot get your child back, it probably just makes it a longer and more complicated process.
I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.
Thank you for your patience.
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