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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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how can a person get there childern back from DHS that has

Resolved Question:

how can a person get there childern back from DHS that has been taken wrongfully
Submitted: 2 years ago.
Category: Family Law
Expert:  Joseph replied 2 years ago.

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.

 

Thank you.

Customer: replied 2 years ago.

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

Expert:  Joseph replied 2 years ago.

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.

Customer: replied 2 years ago.
there is something else when DHS came to my home to take my children from me as any mother i was upset so there fore i was nervous so they said i was on drugs so they gave me a drug test and i falled it.And this is the real reason they took my kids I think. Me nor my husband have never been n any trouble of any kind. i made one mistake one time and tried a drug. but is that good enough reason to come in my home and steal my childern from me.this is wrong and i thought you was a lawyer when i clicked on just a answer . And shouldnt DHS at least let them call me there so young and have never been away from us and i cant help but to fill like this is gona mess with there head real bad. please help me or tell me someone who can, we are good parents
Expert:  Joseph replied 2 years ago.

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.

 

 

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.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
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