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AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 512
Experience:  Attorney with 15 years experience
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OK I have not talk to DCFS but I received a notice in the

Customer Question

OK I have not talk to DCFS but I received a notice in the mail that I have court on Monday. They are making allegations that my seven-year-old has never attended school that my 11-year-old was checked out of school in September 2015 when she was checked out to go to a private school they have both been in private schools they have allegations of domestic violence and child endangerment on there I have never had any of those types of charges. Can I sign over custody of my kids to my parents before the court date on Monday
Submitted: 3 months ago.
Category: Family Law
Expert:  AttyHeather replied 3 months ago.

Hi, I'm Heather Seegmiller, an attorney practicing in the State of Utah for the last 15 years. I practice in family law, and I'd be happy to assist for informational purposes, but we wouldn't form an attorney client relationship.

Do you know what type of case is going forward on Monday? Are you being criminally charged? Or is it something else? Who are the parties and which court are you appearing at?

Customer: replied 3 months ago.
It is from Department of Child protective services I they are trying to get a warrant put my children in protective services I have not even talk to them I have no charges I just received a court date for eighth District Court
Customer: replied 3 months ago.
I received a notice on Thursday that I have court on Monday
Expert:  AttyHeather replied 3 months ago.

So is it in juvenile court? Does it say DCFS v. ____ (your name), or IN the matter of ____ (your kids)?

Expert:  AttyHeather replied 3 months ago.

Is your hearing in Roosevelt?

You should definitely bring your parents with you to the hearing, because if they are there, there's a decent chance the court will make the order of guardianship and give it to them if they stipulate to accept the appointment. However, based on what you have said, I'm not convinced that they have a good case against you, as you have stated that the allegations of domestic violence and child endangerment have no basis. You need to figure out what their basis is for those allegations, because normally DCFS doesn't file these types of cases unless they have a pretty good idea that they are right. You also need to bring proof that your children have been in school to show that their allegations that your children were not in school are baseless.

Has this helped at all?

Expert:  AttyHeather replied 3 months ago.

Hi, I have been thinking of you and hope your hearing went ok on Monday.

Let me know if I was able to answer your question. Thank you!

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