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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17447
Experience:  B.A.; M.B.A.; J.D.
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I was just told by the case worker that DCFS is recommending

Customer Question

I was just told by the case worker that DCFS is recommending to close my case so I can't visit my daughter and leave it open for her father. They are proposing to leave her with my aunt and uncle until her father finishes his classes. I have completed all classes and did everything they asked of me. However, when I had unmonitored visits I did allow her father to visit with her even though he had not complied with DCFS. He smokes marihuana almost daily and dcfs is aware of this but he is not required to take drug testing. The supervisor just told him to stop smoking. What can I do? I have to have my baby. They took her away because of domestic violence on his part and failure to protect on my part.
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
I was just told by the case worker that DCFS is recommending to close my case so I can't visit my daughter and leave it open for her father. They are proposing to leave her with my aunt and uncle until her father finishes his classes. I have completed all classes and did everything they asked of me. However, when I had unmonitored visits I did allow her father to visit with her even though he had not complied with DCFS. He smokes marihuana almost daily and dcfs is aware of this but he is not required to take drug testing. The supervisor just told him to stop smoking. What can I do? I have to have my baby. They took her away because of domestic violence on his part and failure to protect on my part.
Response: You need to have your Attorney file Motion for Return of the Child to you because you have completed the classes as required. You also have to promise that you would not allow the father to visit with the child when the father has not completed his classes and cleared to have access to the child.
Customer: replied 1 year ago.
We will already be doing that at the June 4 court date. Does DCFS or the judge make the decision to give me back my child? Can they hold my mistake against me only and not her father? He was fully aware of the court order but he agreed to disobey those orders as well.
Expert:  Phillips Esq. replied 1 year ago.
We will already be doing that at the June 4 court date. Does DCFS or the judge make the decision to give me back my child?
Response 1: The Judge
Can they hold my mistake against me only and not her father? He was fully aware of the court order but he agreed to disobey those orders as well.
Response 2:Yes. They can based on the evidence provided to the Court.
Customer: replied 1 year ago.
What about her father? Why wouldn't they require him to have drug testing? shouldnt he be required to be tested?
Expert:  Phillips Esq. replied 1 year ago.
What about her father? Why wouldn't they require him to have drug testing? shouldnt he be required to be tested?
Response: These are issues that you need to raise with the Court. I cannot answer these questions because I am not privy to all the facts in the case or present at the hearings with the Court where all the issues are raised with the Court.

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