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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: 9263
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
7 Family Lawyers are Online Now

How JustAnswer Works:

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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Child Welfare Questions

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    Does the father of my child have legal rights if we were unwed but is on the birth certificate in the state of Georgia?
  • Im 60 yrs old - female. I retired in 2009, I have 2 life long

    Im 60 yrs old - female. I retired in 2009, I have 2 life long pensions. I got married in 2002. When we married he moved into what was my home. After several years of marriage I put the title of the house in both of our names, since this being my house was a constant source of issues with him. He always referred to our home as my house. After we were married he sold his house in Morris, Il and invested the proceeds from that sale into an annuity, which is in his name. I have endured mental abuse for many years from him, I am his forth wife. He is a vietnam veteran who has always had a short wick and a bad temper. After some very ugly arguments and called horrible things, screaming at me, swearing and raging I told him he needed to get some help for his anger issues. I suggested that he probably had PTSD and hopefully the VA would have a program that could help him. I took him to the VA, and went through the entire process of getting him into their system. AFter he started to go on regular basis and he joined the VFW, where he was given advice from other veterans about filing for benefits. After filing several times, he got his benefits substantially increased because of the PTSD, and being in areas where agent orange was dropped. He goes to classes regularly, and is now in his 3rd time of going through a 12 week course. He has continued on the courses because - as he explained to me - he couldn't "graduate" from the previous ones because he still had so many issues. That is just laying a bit of background. During the first 7 years of our marriage I brought in the majority of the marital income. Since I have met him and all of the time we have been together he has worked for cash. Cash that was not disclosed (for the entire amount) on our tax filings. He started to collect social security when he turned 62, 3 years ago. Once his VA benefits were substantially increased, he cut his work for cash back to 3 days a week. His social security and benefits from the VA are directly deposited in our joint checking account, which is also where both of my retirement pensions are directly deposited. As a side note, the first year of our marriage I refinance my house for a better rate, and I got a better rate by borrowing more money than I owed on the residence. I used the extra money to pay off my vehicle, which was brand new and his brand new Harley Davidson. During the 26 years I was working for the State, I contributed as much money as I was able to into a deferred compensation plan. Once I retired I rolled over the funds, which were a little over 100,000.00 into a guaranteed annuity. That annuity is now approx 200,000.00. I have never drawn anything from my annuity. My husbands annuity - which started at 50,000.00 - is now a bit under 40,000.00. He has taken lump sum payments once a year on it. Once his VA benefits were substantially increased he stopped giving me any cash at all, I don't know where he puts the 600.00 a week (for 3 days of work) that get brings home. He feels this money is "his". Previously he had given me 200.00 in cash every week to purchase groceries. He said I needed to pay the household expenses out of the joint checking account - which I do. We had started going to a marriage counselor over a year ago. Once he lost his temper in our counseling sessions and became quite loud on more than one occasion he did not want to go see this counselor anymore. I continued to go looking for ways to deal with his anger issues. I have not had a good marriage, but felt this was something I was committed to living with. After over a year of watching him - get worse with his anger issues and not work at all towards resolving any of them I find I cannot go on any further living in fear. What I am worried about - is loosing my house. Loosing fund part of my annuity, and not being able to support myself in this house. I contributed the majority of the funds that got us to where we are now. In times of his anger when he is raising his voice at me, he has stated that he is going to get 1/2 of everything I have. I don't know if this is true or not.
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    Hi..I have been have been divorced since September 2008. We had a business together but no kids. So the divorce was division of assests only. However I took my ex back to court for using my name and ss# ***** the 1120-S corp return to avoid paying taxes on approx. 500k. Yes the IRS did come after me for it. He also deposited 150K from an account in the Bahamas the day the final MSA was entered into court. After 3 attorneys I am pro se but have managed to get two two hour hearings with the senior judge within the last 30 days. I should mention ex also liquidated a pension for 250K that was to be transferred to me and yes he issued 1040's in my name so that I could pay the taxes on that too. The first hearing was with a magistrate which was dragged out over two years by opposing counsel. Ex got a favorable ruling but that has since been overturned by the senior judge that is now hearing the case. The judge asked for written closing arguments to be sent to her by Nov 7th. I went to the clerk's office to file my argument on the 7th, but they would notarize the document despite fact that the format was the same as opposing council. She did not get my argument until the tenth because I had to amend the doc so the clerk's office would file it. I do not know if I should let the judge know what had occurred or just leave it alone. I do know better than to whine or complain about court process. This last week I filed an Answer to opposing counsels closing argument and am now wondering if I should write a petition for the damages I am seeking or wait to hear back from the judge first on her ruling before doing anything else?
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