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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22187
Experience:  General practice of law with emphasis in family law.
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My son went to school and made allegations about me driving

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My son went to school and made allegations about me driving drunk with him in the car.DCF is involved...I refused to speak with them or let them speak with my son but when they did show up with a police officer I did let the DCF worker see my son and told her we'd not be speaking to them without counsel.Today my ex husband got a letter stating DCF has substantiated allegations of neglect and abuse by me.They have no evidence except for my son's statements he gave to the teacher at school.
What now?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Welcome and thank you for your questions

I am an attorney with more than 25 years of experience and look forward to providing you true and correct information in this regard

 

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

 

I am sorry to hear of this situation for you.

 

Did the letter say anything else - like they wanted him to be prepared to take the child from the home or anything of that nature?

Customer: replied 1 year ago.
Relist: Answer quality.
Customer: replied 1 year ago.
Nothing was stated about taking my son away...just that allegations of physical abuse and emotional neglect were substantiated and that another caseworker would be contacting us.
Previous case worker called my ex husband threatening him with charges of neglect and that we'd be served with summons if we did not talk with her or specifically if my ex didn't question my kid about what happened and report back to her what my son said.
Expert:  Samuel II replied 1 year ago.

Hello

 

I only made a request for more information. And I see you have provided that so I can give you an ANSWER with true and correct information

 

You are under no obligation to talk to anyone without local counsel present. Anything you say can and will be used against you.

 

However in the meantime, they have a right to get a court order based on their evidence that says you have been neglectful/abusive and have the children removed from your home

 

There would then be a court hearing. It is not a situation where you are found guilty first. This is all done on a preponderance of the evidence and in the child's best interest.

 

At this time I suggest you should consider a consultation with a local attorney before you speak to anyone. I further suggest you do not wait too long, because they can and will come to take the child.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

 

Customer: replied 1 year ago.
In CT, can they indeed remove a child with no tangible evidence to prove allegations?
If they were to take the child...if it was truly an emergent situation, wouldn't they have done a 96 hour hold by now?
The original complaint was made to DCF in 22 April 2013.
Expert:  Samuel II replied 1 year ago.

Hello

 

Yes, they can get a court order in CT - and yes they can remove the child and ask questions later with the court order

 

 

Customer: replied 1 year ago.
Wouldn't they have gotten an emergency hold by now?
Expert:  Samuel II replied 1 year ago.

Hello

 

Not necessarily. They can get their information together. And they can go to school and interview your son without you knowing or your permission.

Customer: replied 1 year ago.
What, if anything, should I advise my son to do if someone from DCF shows up at his school questioning him, etc?
I already notified the principal and superintendent that they under no circumstances are to allow anyone from DCF to question our son without either of his parents or am attorney present.
(Did this via email)
Will this protect my child?
Expert:  Samuel II replied 1 year ago.

Hello

 

I suggest you tell your son if anyone at all tries to contact him for discussion in this regard that he should only say "I want my Mother and Father" and nothing more at all.

I am not aware of anything that says DCF cannot come into the school and interview a child - whether you have told the school not to let them or not. Now, the school should call and tell you they are there since you made that request, but they cannot stop them from coming in and trying to interview your child, unfortunately.

 

So I would make it very clear with them that if DCF shows up you are to be Notified at once.

Customer: replied 1 year ago.
Is there anything else I should do in the meantime? I already have been in contact with an attorney's office and intend to make a consult appointment ASAP
Expert:  Samuel II replied 1 year ago.

Hello

 

I suggest you can start to gather character reference letters to show that you are a good Mother and that you would never drink and drive with or without the child in the car.

 

And if you are on good terms with the Father maybe get him to support you.

 

Other than that, I suggest to tell your son the importance of only saying "I want my parents" and nothing else no matter what. And its ok, if they ask did Mommy tell you to say that "Yes Mommy did and I want her here" No matter what else they say to him.

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22187
Experience: General practice of law with emphasis in family law.
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