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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89091
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need advice about dealing with DCS. As far as I know there

Customer Question

I need advice about dealing with DCS. As far as I know there is no case opened aginst me. Valerie, From DCS showed up at our home around three weeks ago and said they needed to ask me some questions regarding a complaint that had been made. I answered all her questions and she check to see if we had food. Didnt hear nothing back from them in over a week so figured everything was fine. Then she shows up agin. At this point has me nerves and upset enough to cry. Nothing like someone coming to your home telling you they might take your children. I talked with her awhile then she looked at the kids' bedrooms and she spoke with my son upstairs. We made an appointment to met at her office. I was under the impression if I proved I had plunty of family support they'd stay out of my life. My Grandmother and I went to the appointment. I offered to do a drug and alcohol test, which ofcouse im clean. At that meeting she had given my Grandmother and me the impression that if I seeked help for my son she'd leave us alone. We explained to her that I was already in the process of trying to get appointments set up. So I agreed that i'd let her know when and what DR. Now shes wanting me to seek help for a bunch of crap. I tried to explain to them a dozen times that a single Mom that gets no childsupport or help from the fathers at all and has no Vehichle can not juggle a hundren appointments and unnecessary ones at that. She tells me if I love my kids and want to keep them in my home I will do it. Also found out my son has been getting pulled out of class every Friday being questioned about his home life and so forth. Im a great Mom and my kids are very well taken care of. Is there anything I can do to make this stop? I told her today that they where harassing me. That they need to worry about the people who are beating, abusing and neglecting their children. Or bug the people who are breaking the law and leave me and my kids alone. Did not go over very well. It is hard enouph to deal with everything that is going on without DCS on my every move. I am laid off work trying to find a job, trying to get a vehichle, raise two kids completely alone,dealing with my sons problems and everything else live thoughs at me. Dont have a boyfriend but my whole family agrees this is a load of crap! Im not doing anything wrong and God knows I have enouph to deal with without them controlling my every move and when/how I do it. As an adult and the mother dont I have any legal rights? I cant deal with all the stress this is cousing. Everytime time I agree to do what she ask of me she comes up with somthing else for me to do. Should I hire a Lawyer and if I do will they be able to make this stop?
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

What does she want you to do, exactly?
Customer: replied 3 years ago.

Like I said, I answered all her questions. Told them that yes, I do drink on occasion. They asked about my past. Told her around thriteen years ago, before I had kids and was a teenager I use to drink alot. So now she thinks I should seek counceling and tell them im an alcoholic. I dont belive I should be forced to do something that is not true. Not to mention when I do get anothr job or go back to where I got laid off from no employer is going to allow me to miss so many days of work. I did agree to my son going to counceling and also to go as a family. That alone could be five or more appiontments a month. Its hard enouph for families with two parents. Shes forcing me to do things I am not able or willing to do. Based on her opion not law or just becouse I ticked her off. The threat of having your kids taking away is enouph to get a person to do just about anything, but is it legal for them to push things so far when im not doing anything wrong and im not breaking any laws?

Expert:  Ely replied 3 years ago.
Understand that DCS cannot do anything by themselves. They only have standing from the state to petition the Court on behalf of the state if they feel the children may be neglected/abused, etc.

So in essence, the only people that can petition on behalf of the children in Court are: parents, other custodians if there are any, and DCS as state's representative.

DCS is known to be very pushy and preachy, but they do not have any real "powers." If you do not do what they say, they may only petition the court and ask the court to remove temporarily (or sometimes permanently) the children until the household parenting improves.

Does DCS overstep their authority? Yes. Do they see blood where there is kool-aid? Yes. Does the Court listen to them? Yes. Every time? No.

So what would happen if you stopped cooperating is that they might file in court to make you take the classes under threat of taking the children away, but do you want to call their bluff? It is your decision. Also, even if they file, if you show the Court this is overblown, the Court is likely to dismiss.

Fight fire with fire. Spend a few thousand - get an attorney, and have the attorney to tell them to go away or prove it in court because this is malarkey, and likely this will be the end of it. But if you continue representing yourself and crying "unfair," they will not stop. Like Hitler in 1939, appeasement simply won't work with them (I a not comparing DCS to Nazis, this was just an analogy).

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.

If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.

If you feel that I went an extra step to help, a bonus is always appreciated!

You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
Customer: replied 3 years ago.
How do I go about finding a good Lawyer? Finding one wth the guts to fight aginst the state is slim isnt it? Im not even sure what kind of Lawyer I should be looking for.
Expert:  Ely replied 3 years ago.
No, not that hard. Lawyers are tougher than they look.

Your best bet is here:

http://www.indybar.org/membership/lawyer-referral-service/

(Vetted, qualified attorneys, free matching)

and here:

www.avvo.com (attorneys are rated by experience, areas of practice, and client reviews, amongst other factors).

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.

If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.

If you feel that I went an extra step to help, a bonus is always appreciated!

You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89091
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 15 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
When I do get a lawyer what are the chances of it going to court? What do you think the lawyers first legal action will be?
Expert:  Ely replied 3 years ago.
I cannot say what the chances are since that depends on too many factors and is ultimately their decision. However it would likely decrease if you have an attorney.

The first thing your attorney would do is to write them a letter asking them to drop it since their claim is so weak.
Customer: replied 3 years ago.
Is there any decent chance of getting them for harassment? She wants me to sign release forms for all doctor and counceling appiontments. I dont see how anything my kids and I say in counceling is their buisness. By law any Dr. has to report abuse so wouldn't you agree that everything else should stay a privit matter between us and the Dr.? I don't feel they have the right to know all our personal thoughts and feelings. Thats one of the things im having a problem with now. I agreed to taking my son to counceling and family counceling. Also agreed to tell her when and where the appointments are.
Expert:  Ely replied 3 years ago.
Sorry about that - I was offline for a while.

Not really, because they have almost total immunity from such actions. I would not focus on revenge but simply getting this taken care of.

You do not have to do any of this unless the Court orders. I would get an attorney involved as soon as possible.
Customer: replied 3 years ago.
Thank You! I had and still do have a bad feeling about all of this. Its sad when a person is suppost to choose between having freedom or their children. The way people abuse their power makes me sick. I cant help but wonder what they'd do if the tables were turned. It would be so great if everyone got together and put a stop to all this crap. I know my being bluntly honest has probably hurt me more then it has helped but it ticks me off so bad when everytime I dont do what is asked she uses threat of my kids being taken. Like today, I was at a funeral with my grandmother. One of her good friends passed away. The lady from DCS called. I went outside of the church to talk and she informs me I need to hurry and get an appointment made for myself. I told her I had been trying and explained the problem I was having with the Insurence. She tells me if I love my kids and want them home with me i'd hurry and get that done. I told her I was at a funeral and couldnt do anything at the moment and got into the whole thing I told you earlier about they need to leave me alone and worry about the people who are doing wrong. Also told her that i'd go to Dr. but wasnt going to tell them or anyone else that I was an alcoholic or anything like that. Which is what she wants me to do so the Dr. will give me a referal to a drug and alcohol counceler. I shouldnt have to go around making myself out to be somekind of low-life just to please them or to keep my kids. Its pretty bad when they can't even respect the fact your at a funarel and exspects everything to be droped at a drop of a dime to play their stupid little games. Then to have the nerve to act like your bad mother cause everything cant be droped to please them. Now it looks as if im going to have to use the money I was going to get a car with to get a lawyer just so my kids and I can try to have alife agin. I was wondering though, as far as the school pulling my son out of class every Friday to question him. Do they have a right to do that without my permission or without even telling me? Couse it seems to me that they are grasping at straws and doing any and everything to try to make me look bad. I would think me being the mother would have the right to know that they were pulling him out of class once a week questioning him. Its bad enouph that they wont leave me alone. Should I confront the school about this or would that make things worse? Its not right for them to pressure my kids into saying things that arent even true and some of the things that she brings up anyone with half of a brain could figure out that it was a load of crap. If you have any ideas or thoughts please let me know. Also do you think writing a letter about what is going on for the newspaper or something along that line would do any good?
Expert:  Ely replied 3 years ago.
They do, I am afraid, while the case is pending and if it is for "legitimate" reasons.

No need to confront the school about this, just focus on beating this open file instead of seeking revenge or "going on the offense."

I would not write a letter to the newspaper or other media right now. That would only exacerbate the problem.

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