How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9513
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
6 Family Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Questions about Child Abuse Laws

What is child abuse and neglect?

According to Federal regulations, specifically the CAPTA (Federal Child Abuse Prevention Treatment Act), child abuse is any act or failure to act by any person that results in death, serious physical or emotional harm, sexual abuse or exploitation of a child. Also, any act or failure to act that presents an imminent risk of serious harm is considered child abuse or neglect. Usually child abuse and child neglect laws in most states primarily refer to cases of harm to children by parents or other types of caregivers. However, Federal law mandates each state to hold specific definitions of child abuse and neglect. For this reason, the laws may vary from state to state. Below are five of the top child abuse and child neglect questions that have been answered by the Lawyers on JustAnswer.

Can the local child protection agencies keep someone away from a child for improper conduct when no charges are filed?

Child protection agencies have a lot of power in determining what is in the best interest of the child. They can and will take actions to make sure that a child has no contact with someone who presents a possible threat. The best way for you to try and rectify this situation is to challenge the findings through an administrative appeal. Oftentimes, this is initiated with a paper review that may lead you to the next level of an administrative hearing. At this point, both parties can bring all evidence before a judge. This appeal process is imperative and very important. A crime like child abuse could disqualify you from having any career that involves being around children or the elderly. You can ask Lawyers on JustAnswer to verify the implications of your situation.

If someone is suspected of child abuse, would the child be removed from the home of the suspect?

Many times, depending on the severity of the abuse, Child Protective Services (CPS) will leave the child in the home until a deeper investigation is completed. Many factors are taken into consideration -- if there is a witness who can testify, if the witness is credible, the type of abuse, and the age of the child. Complete investigations as well as comprehensive home visits often prove that the children are safe in their surroundings. Many times however, monitored home visits will continue as an added precaution. Sometimes, it is a good idea for the suspect to seek legal counsel to protect their rights as well. Child abuse law questions like this are answered daily by the Lawyers on JustAnswer.

If someone has filed a complaint for sexual abuse against a teenager, is there a way to find out who filed the sexual child abuse charge?

If the charge is still under investigation, it is usually not possible to find out who filed the complaint. The investigating authorities will keep this information confidential until the investigation is completed. However, once charges are filed, and if the circumstances are based on a person’s statement, you have the right to face your accuser. At this time, you will know who filed the charge and you may present your rebuttal.

If child abuse charges have been dropped, can you get allegations removed from The Criminal Records Bureau (CRB) database?

The Criminal Records Bureau contains every detail of a person’s criminal background. The fact that the allegation was made will stay on permanent record. However, since the records will show every detail of the allegation, it will also reveal that the allegation was dropped, and no criminal charges were filed. The Criminal Records Bureau is based in Europe and processes extensive background checks. Many times it can be hard to find employment if you have a blemish on your records with the CRB. There can also be other repercussions of having a child abuse charge on your record, so if you do not fully understand child abuse laws, you can ask a Lawyer on JustAnswer.

Can someone be approved for temporary custody of their sibling's child that is currently in foster care, till the parent is cleared of the child abuse and neglect charges?

In order to start temporary custody proceedings, the applicant will need to file a petition with the court that ordered the child into foster care. Many times the court will look at a few factors before deciding where to place the child:

1. How old the child is and if he/she is in school
2. Whether the applicant has children
3. Criminal backgrounds of everyone living in the applicant’s home as well as the immediate family
4. How the applicant would provide for the child financially

Many times, after granting temporary custody to an immediate family member of the accused, the court places a restraining order against the accused until the case is settled or further orders are passed. Since many states have different laws pertaining to child abuse and child neglect, you may wish to seek legal counsel to help you petition the court. If you are not sure how severe your situation is, don’t hesitate to contact one of the Lawyers on JustAnswer with questions about your child abuse and child neglect charges.

Is it possible to get a misdemeanor child abuse charge expunged from your record?

Many states have different laws pertaining to criminal records. Oftentimes, if you have a misdemeanor child abuse charge, unless you have had this charge dismissed or were found not guilty at some point, you cannot get your record expunged. Expunging records usually happens if you can prove you have not been convicted of any crime and have not committed any crimes in the last 18 months. If you feel that you have a case where you can expunge your record, you could hire a criminal lawyer or you could go to the court in the county where the case was filed to fill out the necessary paperwork.

Child abuse is a very serious crime; each state has their definition of the laws. Having any type of child abuse or child neglect charge on your personal record could affect many things in your life. If you have questions that pertain to child neglect and child abuse law, Family Lawyers on JustAnswer can help answer your questions.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9513
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
6 Family Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 9484
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Dimitry K., Esq.
Attorney
Satisfied Customers: 7405
I provide family and divorce law advice to my clients in my firm.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 7143
30 years legal experience. I remain current in Family Law through regular continuing education.

Recent Child Abuse Questions

  • My 14 year old Daughter has showed signs of depression. I brought

    My 14 year old Daughter has showed signs of depression. I brought her to a clinical psychologist and she told her that her parents use Marijuana. I now have Social Services questioning my children at school without my consent. The Psychologist said it was her duty to report because of child neglect. We both have clear records and provide everything that our children need. There is no abuse or neglect. What do I do?
  • what needs to be done to get a cleared record when someone

    what needs to be done to get a cleared record when someone makes assusations that are not true. No charges no arrest. A child mad. This happened 20 yrs ago. Now is showing up on back-ground check. This person has now got to move out of his house and cann't do this work until we can clear him. What do we do?
  • 1- My wife, after she got her green card and citizenship,

    1- My wife, after she got her green card and citizenship, became very abusive of me and my 5 year old son. 2- I called DCF to complain about my wife’s abuses, and DCF sent an investigator. 3- DCF’s investigator became friends with my wife, after about a month, without any true investigations, she changed the complaint and issued her final findings as “THERE WAS DOMESTIC VIOLENCE”, but, she did not address my complaint of child abuse. 4- I complained to the Governor of Florida. 5- DCF sent the same investigator again. 6- I complained, again to the governor. 7- I moved out of the apartment and lived in a rented room, about 3 miles away from where my wife and my son were living because, I did not want my son to witness my wife’s violent behavior, and her emotional and verbal abuse of me, and my son. 8- My wife and I agreed on a SIMLPE DIVORCE (non- contested and mutual). 9- I hired an attorney TO MAKE SURE that my wife and I complied with the State of Florida divorce requirement. 10- She and I went together to a notary public and we both presented our IDs (driver licenses) and we signed / initialized all the documents in his presence. He stamped the documents as required by Florida law. 11- I submitted all the signed documents to my attorney review. 12- My attorney reviewed the document, and he served both of us with the FINAL divorce date set by the court. 13- My attorney called my wife, and he asked her if indeed she signed the divorce documents and he informed her, in person, about the date of the final hearing divorce, HE ASKED HER IF SHE WANTED TO GO COURT, and THAT only I, AS A PETIIONER HAD TO APPEAR IN THE FINAL HERINGS OF THE FILED DIVORCE. 14- I attended the final hearing of the divorce. 15- It was finalized in October of 2013. 16- DCF advised my wife to go to court and get an injunction against me, viciously, because I complained against DCF to the Governor of Florida. 17- My ex-wife filed an injunction against me in April of 2014, based ONLY on presumptions that she was in imminent danger life and our common 7 year old child. and that she is a victim of “DOMETIC VIOLENCE”. 18- My ex-wife with her claim that she was victim of “DOMETIC VIOLENCE”, GOT A PRO BONO ATTORNEY. 19- My ex-wife and I appeared in front of a judge in May of 2013. Her attorney asked of the injunction, and the judge granted it. 20- My ex-wife’s attorney, after he got a continuation, he filed a false / frivolous motions against me. 21- HE WAITED UNTILLM ONE DAY BEFORE THE HEARING of his false and malicious motion, and HE CANCEELLED his motion, because he knew that it was false and maliciously and intentionally he harmed me and my son. His caused me lot of pain and suffering, and thousands of dollars in attorney's fee and other expense. 22- I spent so far about $9000 in attorney’s fees, 23- I and my son have suffered emotionally and physically because of my ex-wife, and her attorney’s false and malicious motions. 24- I don’t want to file my complaint g with the Florid Bar. 25- I WANT TO FILE A LAWSUIT AGAINST MY EX_WIFE AND HER ATTORNEY filing intentional and malicious MOTIONS THAT CAUSED ME about $9000. 26- WHERE CAN I FILE A LAWSUI? Thank you Ryse

< Last | Next >
View More Family Law Questions