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Questions about Child Welfare Laws

Child welfare systems offer a variety of services from investigating reports of child abuse to finding children safer homes to stay in, from helping in adoption processes to assisting parents who need help in caring for their children. Listed below are a few questions Experts have answered about child welfare.

My sister and brother-in-law are having some issues at home. My sister has a drinking problem. They have three kids, the youngest of whom is not her husband’s son. I’d like to get custody of the children for a while so I can keep them safe. Can you please give me some information on this so I know where to begin?

To take away parental rights and get custody of children against parents’ wishes is not easy. You would need to prove the parents are not fit to look after their children currently. This would require the services of an attorney and proof of abuse. What you could do for a start is to discuss the situation with the parents and ask them if the children could stay with you for a short period of time. If they are still hesitant, suggesting a limited duration of stay could help your case.

If a Native American has a child with another person outside of marriage and is suing for custody of the child, can the Indian Child Welfare Act be used in State Family Court?

Most likely. The Indian Child Welfare Act was created to apply to any Native American child. However, only the court can decide if it will be applied or not in this case, based on the details of the case.

I am a fit and capable mother but my ex-boyfriend is making child welfare allegations against me. He likes to be controlling and intimidating and I feel uncomfortable now. I do not want our daughter to be misled and to be fed lies about me. How can I stop this?

You could hire an attorney to send your ex-boyfriend a demand in writing that he cease and desist making false allegations or you will sue him for defamation.

There are four aspects to defamation:
1. A false statement of fact about another;
2. An unprivileged publication of that statement to a third party;
3. Some degree of fault, depending on the type of case; and
4. Some harm or damage.

Defamation by written, printed, or otherwise published word is libel. Defamation by spoken word is slander.

I want to know whether child welfare services are allowed by the law to force entry into a home with the help of the police and take away children without a warrant?

There are exceptions to how warrants are used. For instance, if the police suspect that a child or another person is in danger inside a house, they can force entry without a warrant. So, if child welfare services believe there are children inside a home who are in danger, they can get help and take them away.

About 16 or 17 years ago, I was involved in a child welfare case. I finished the classes, did everything I was told to and got my children back. Now my son’s children are in state custody and I was told I can’t take custody because of my past case history. My husband and I have a good reputation and neither of us have a criminal record. What can I do to help bring my grandkids back together?

To begin with, you would need to hire an attorney to prove to the court that all your past violations have been cured and you have had no complaints against you all these years. The Child Protection agencies are extremely strict about individuals who have past violation cases. So, unless a court issues you an order, most likely they will not let you have custody.

It is important for every child to be brought up with love and care and to have the opportunity to live a happy childhood. To help make this happen, child welfare systems implement a variety of services that help support children’s safety and wellbeing. If you are faced with a problem regarding child welfare get legal insights by asking Experts.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9160
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Recent Child Welfare Questions

  • I released my attorney and I'm representing myself in finalizing

    I released my attorney and I'm representing myself in finalizing a property settlement case. My attorney has been officially released and my ex's attorney has been notified as well. I filed a contempt of court against my ex-husband and his attorney for not being in compliance with a Judgment back in 2013. There is a court date set for December 1, 2014. I haven't heard anything from my ex's attorney requesting any information, etc. for the upcoming court date. In fact, I haven't heard from him at all.
    1. I am creating Exhibits with the supporting documentation supporting my allegations as to the reason for the contempt of court. Do I need to submit these to the court to be filed on record so the Judge this prior to the court date? Most of the information I referenced in the contempt of court, my ex's attorney has, however, I do have some additional information supporting my case that he may not have . Do I have to provide this to him, if he is not requesting anything from me ? If I don't have to do so, I would like to keep it to myself until the date of trial, but if it is required to provide the opposing counsel everything you are going to bring forth, I need to know that so I'm not breaking any rules. I just want to make sure that all the evidence/documents I want to use will be accepted in court and not dismissed because I didn't follow a rule I should have done??
    This is for the State of Louisiana, Family Court.
  • I am a disabled veteran that receives disability. I would

    I am a disabled veteran that receives disability. I would like to go back to school full time which would require I quit my current job but I am unsure how that would work with child support or if I am even "allowed" to do that? Would I just file for a modification due to a change of circumstance? I would not be able to keep paying the same amount I do now strictly off my VA disability income.
  • Hello, my father, French citizen, who divorced my mom and had

    Hello, my father, French citizen, who divorced my mom and had his second marriage and a child, he has died in Algeria recently without a will. His wife denies me from access to any of his possessions and also she just now emptied all of his bank accounts, I was told by my cousins. My father was visiting her family in Algeria, well and healthy and his death came sudden at 56 years old and in just three days since he entered the country. His wife is unwilling to communicate to me and the only message got from her through my aunt, that she wants to "bring me down next".. Whatever it means.. I am a US and French citizen, have both passports. Born in France, but live in the US. She called left me a message about my fathers death 20hours before his funeral. I tried reaching back to her, without success and because wasn't given any of information on where my father's will be nor where will he be buried...I am devastated and in need of advice on this case, please. Is there a World court or someone who can independently investigate and make things right in accordance with the world law?
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