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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110543
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can dcfs terminate your rights and make a modification when

Customer Question

Can dcfs terminate your rights and make a modification when there is another case going on that is a filed by the state based on lies from the other parent of child endangerment.
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No as dcfs caseworker says there no pending case from them but i believe they lying as they are investigating.
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best.
Customer: Iam an un wedmother of a 1 yr old me and my kids father resided together and he spent yrs abusing me mentally emotionally and on&off physically. Anyhow on march 16th this yr in ogle county il at our residence he got up from dinner table yellin at me because he didnt like me movin my son& acted like i hurt him when in fact i was sittin in fromt my kid n my son was smiling back at me&my kids dad got mad& went up to me and grabbed my face and yanked it hard & was pacing back n forth yellin at me and i removed my son from the room went in bedroom to get his&my clothes& told my kids dad if he dont stop yellin im gonna call cops. So then i went to put some my things in my car &came back in garage as it is attached to the house& he came up to me grabbed my wrists to restrict my movement and shoved me into the wall. this was the 2nd attack that night on me so i was scared n grabbed what was nearest to me. A pair tree clippers he came at me intimidating me and scared me .and when he came at me i scarped his elbow wit it. I wasnt tryin to seriously injure him nor had mentally been thinkin of it. It was in self defense as i do love him n just wanted him away from me. Then he yelled profanity at me and threatened i get a felony cause attackin wit weapon n that i have no proof he attacked me. That what he said threatenin cops wont be believing me. i didnt say anything i walked around him quickly n went to get rest my stuff he left out front. I go to put my stuff in car&he had cops there. My son was not injuried he was NOT in room we were at n my kids dad stopped me from leavin to NOT endanger him. So cops believed him n arrested me as that is a small sexist town with unintelligent officers. my question is how can i get or open a case because he has me on this criminal case. And i feel the cops abused me with him bevause in past they would not arrest him when he left many bruises on me& i had hospital report in PAST. But in current situation he didnt leave any. Purposely.
JA: Is there anything else the Family Lawyer should be aware of?
Customer: I was refused my right to file on him for assault battery by the cops that came. They never even wanted to fully listen to my half of what happened. My kids dad chose not to presd charges on me & wanted to lift the no contact order as he wanted sex wit me. Judge granted it but he got them to let him have my son to live wit him and he had spent this yr tellin me things like women should not have legal right after they give birth" that he has other womens #s for back up. Claimed he wasnt out to take custody 3 days prior to my arrest
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Family Law
Customer: replied 5 months ago.
There is no proof except my kids dad lies accusations about aggravated battery on my son so what would happen how can i get it dismissed since it felony charge with no prison time. As i dont want to plea guilty when im not. Can a lie detector in illinois this yr work in court?
Customer: replied 5 months ago.
I feel what he did a malicious attack about taking my son in the manner he is by telling cops im a danger. How do i proove he maliciously set me up? N would that be a different case or allowed in this 1? This 1 from the state chargin me with child endangerment and aggravated battery. i want charges dismissed what can i do go about getting that to be dismissed as they only have my kids dads word n he lies a ton. Obsessivly. Would i need a trial then for this case? Should i file for custody ehile im in this criminal case as they tryin to give my kids dad custody with out giving me the proper papers n not telling me they said he has temporary custody yet when i went to court 2 times i never got a legal paper.
Customer: replied 5 months ago.
The judge in this criminal case is tryin to give my ex custody and im bein told my criminal attorney cant help me in those matters how the heck can the judge do both n im not even allowed a family custody case but just treated like a criminal court judge can give my kids dad temporary custody with no legal papers to me in court. I never got any sayin he has temp custody nor a filed custody court date. So how can a criminal case judge make those changes. i feel bullied and lied to by everyone THIS IS part of my QUESTION i need answered. I need help to whether i should get a family custody lawyer now??
Customer: replied 5 months ago.
From my kids dads actions currently i feel hes using my kid to emotionally abuse me. And i feel n think hes using courts to abuse me because his false accusations to cops that cost the state to open a case of child endangerment and aggravated battery. He has nerve after what he did to me.
Customer: replied 5 months ago.
The reason i feel he usin my kid to abuse me is because he wont let me see my kid in a little over a week. Hes ignorin my texts n calls and he always was a power control type towards me.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
DCFS cannot terminate your rights without a court order. These social workers can be some of the most incompetent, negligent and bullying individuals you will ever deal with. They will lie to you and the court and will interject their own bias into the cases to achieve the outcome they want to see based on their bias.
If none of this happened, you had better have an attorney locally, because that is the only way to beat them at their own game. You are stating this did not happen and there is a court case already, then DCFS cannot terminate your rights until the issue is proven in court and this is where you need an attorney to present the evidence properly and show the dad and also the social workers are lying and they are doing this to simply gain an advantage in gaining custody.

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