QUESTION
Will a father charged with felony child endangerment be able to get the kid back?
Asked on Jul 30th, 2012 on Child Custody - Alabama
More details to this question:
My brother in law is being charged with a felony of child endangerment after he claims he dropped his son and landed on him.
My nephew has been in foster care for the past year.
What are the changes that my nephew will go back to his father after his being charged with child endangerment?
7 ANSWERS
Not good. Even if your brother-in-law goes to trial and is found not guilty, the juvenile court process operates separately and differently. Juvenile Court is considered a civil case and the standard of proof is lower, plus different information than is available to the jury in a criminal is available to a Juvenile Court judge. OTOH, if your brother-in-law undergoes the psych therapy that he is thought to need and deals with whatever anger issue he has, or persuades the judge that he has dealt with it, then there is a better chance of getting the child home. Your sister may be faced with a stark choice. She may be required to choose between getting her child back and keeping her husband. It is not a fair or good choice, and no-one should have to make it, but it is a real choice. Also separation from the husband while he "works on his issues" can keep the child with a parent until the social workers and judges give up and allow him home. You also may need to consider whether you or one or both of your parents or another family member should petition the court for custody of the child while everything else is going on. Family placements are often less traumatic to the child, as well as providing more supportive supervised access to the parents from whom the child was taken. You may get flack and push back, so be prepared. The lawyer's for your sister and her husband can help push for a family placement.
Answered on Aug 20th, 2012 at 12:20 PM
Dave Hawkins
Being charged with a crime is no impediment, being convicted of the crime is you will need to wait for the outcome to take action.
Answered on Aug 20th, 2012 at 12:09 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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He will probably have to go through a case plan and complete counseling if he has any hope of getting his child back.
Answered on Aug 20th, 2012 at 8:34 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Cannot tell for the facts given. Tell you brother in law to hire an attorney or it is possible he will lose some, or all, of his rights to his son. The fact that the child has been in foster care for a year is NOT good.
Answered on Aug 20th, 2012 at 2:18 AM
It depends upon whether he is in a program to deal with issues he might have. Also, being charged is not the same as being convicted.
Answered on Aug 20th, 2012 at 2:16 AM
Leonard A. Kaanta
Probably not, but nothing is a sure thing in the law.
Answered on Aug 20th, 2012 at 2:12 AM
He would have a good chance if he is willing to participate in some corrective counseling classes. Parenting skills classes are just a start. He would need to hire a lawyer immediately in order to gain the best possible outcome.
Answered on Aug 20th, 2012 at 2:09 AM