QUESTION

If A CUSTODIAL PARENTS PARAMOR IS ABUSING UR CHILDREN AND DCFS HAS BEEN NOTIFIED THE CHILDREN ARE 12 & 11 REFUSE TO GO HOME WHAT ARE MY OPTIONS

Asked on Jan 29th, 2012 on Family Law - Illinois
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1 ANSWER

It may be that this situation has resolved itself.  If there is abuse and DCFS has been notified, there may very well be juvenile court actions.  Such proceedings are to be initiated quickly where the abuse is documented.  That process is complicated and one for which you should secure legal counsel.  If abuse was "found" or even 'indicated", this process may be well underway at this point in time. If there is no finding of "indicated" abuse, you would need to take your argument and evidence to the Courts.  There may also be physical evidence, but, again, were such evidence, one would think removal would have occurred through DCFS via a finding of abuse. There are additional legal questions, such as how she became custodian - agreement, default or contested trial.  All of which have bearing on the burdens of proof and timing for any petition for custody you may wish to bring.  The best suggestion is to gather all of your information and documentation and make an appointment with an experienced attorney that handles custody and, if possible, DCFS cases.  This will insure that you secure the best possible advise. Should you believe the children continue to be in danger, individuals have taken children to the police, to hospitals, and to abuse centers.  Such actions, however, should not be undertaken without fully evaluating the situation.  This is especially true where you indicate a DCFS involvement.  A consultation with an attorney is urged to insure the best possible actions are taken to protect both yourself and the children.
Answered on Feb 03rd, 2012 at 2:40 PM

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