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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118722
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I currently have DC FS Case in Indiana and I reside in

Customer Question

Hi my name is ***** ***** I currently have DC FS Case in Indiana and I reside in Illinois now but my question is during this case which has been going on for 5 years I requested a A lawyer In the beginning And the judge basically laughed at me also my children Were never Placed with family and as of now 2 of my children are older than 14 so that I did not Lose my right but I have 2 little ones who reside in a Foster home and most likely are gonna be adopted by them .So my question is as I asked my lawyer and she would answer do I have a lawsuit against the state of Indiana for the wrong doing it during this case?
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Expert:  Law Educator, Esq. replied 1 month ago.

Before taking a child from a parent and terminating parental rights, the parent would be entitled to legal representation. In order to sue the state for removal of the children you have to prove the children were improperly removed in violation of your constitutional rights, meaning they did not prove by clear and convincing evidence that you were unfit. See: Troxel v. Granville, 530 U.S. 57 (2000).

If you have evidence that you can prove in court you were not unfit and they still removed your children, then yes, you could sue DCFS for violation of your civil rights.

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