Category Archives: Our Practice
DCPP Established Findings Can Be Appealed
An allegation is “established” if the preponderance of the evidence indicates that a child is an “abused or neglected child” as defined in N.J.S.A. 9:68.21, but the act or acts committed or omitted do not warrant a finding of “substantiated”. Disclosure of an established finding is authorized in more limited circumstances than a substantiated finding. However, our courts have found that an established finding is significant and is accompanied by “longstanding adverse consequences. For example, it may affect certain employment opportunities related to children, the right to adopt or serve as a resource parent, and impact possible future DYFS proceedings. As a result, the Appellate Division found on February 1, 2017 that an administrative hearing is required to contest the Division’s conclusion abuse or neglect is established.
If you have been established at any point, call our team of DYFS lawyers right away at 1-855-9-JEFLAW to discuss your appeal rights.
What Does an Order to Investigate Mean?
DCPP can file an Order to Investigate in Superior Court if they want to force you to do something that you have refused to do. An Order to Investigate is a preliminary step before they file a complaint against you. If the judge concurs with the DCPP on their application, the judge will grant the Order to Investigate, which means you now must comply with DCPP’s demands. If you don’t, DCPP may file a complaint against you which may include a removal of your children. If you do comply, you may give them the evidence to file a complaint against you which again can include placing your children in foster care. Sounds like a no win situation right?
Well before you just throw in the towel or just handle this by yourself, call our team of tough, smart DCPP defense lawyers. DCPP cannot just do whatever they want. There are restrictions in what they can ask for and what the judge can order. Furthermore, there is a legal standard that they must meet. In other words, they just don’t get to request anything for no reason. However, the problem is that a lot of people don’t challenge these applications. Unless you hire a lawyer, you will be alone in court as there is no public defender available.
Don’t go through this alone. Our team of experienced lawyers will work to fight for you and do everything possible to dismiss the order to investigate and get DYFS out of your life. Call our NJ DCPP defense lawyers at 1-855-9JEFLAW (1-855-953-3529). This 24/7 toll free hotline will connect you to smart and tough lawyers, ready to fight for you and your rights.
What are NJ DYFS Care & Supervision Cases?
Anytime you have to deal with DYFS, it is a serious matter. During a care and supervision case, your child remain in your home while DYFS provides various services for you to do to ensure the house is a safe and secure environment. Substance abuse testing and psychological exams are just a couple of services the Court may ask you to do over time.
Just because your child has not been removed from your home, does not mean that your parental rights cannot be terminated. It is important to hire an attorney who will fight very hard for you to get your Care and Supervision case dismissed. Our team of experienced and tough NJ DYFS lawyers will be able to guide you in the right direction, and help determine whether the services you have been asked to do are fair and just, as well as help show that you deserve to maintain your parental rights. We are here to help you keep your child, so let us handle DYFS.
Call our New Jersey DYFS attorneys on our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529). You’ll be connected with one of our smart and dedicated attorneys, who are here to work to help you keep your child and prove that you are a fit parent.
Custody, Care and Supervision with DYFS in NJ
In New Jersey, DYFS can file a complaint against you accusing you of abusing and neglecting your child, where they will then request Custody, Care and Supervision of your child. DYFS will maintain custody of your child until you have proven that you are a fit parent, and you can appropriately raise your child. Custody, Care and Supervision can still be requested by DYFS if your child’s health and safety is in danger, even if you are not accused of abusing or neglecting your child. Once again, you may lose custody of your child until the you prove to the court that you can raise your kid safely and healthily.
Whatever the case may be, be sure to contact our NJ DYFS defense attorneys to help defend you and your case. Times like these are scary, so let our experienced team handle it. We can fight for you and work to help bring your child back home by showing that you are a fit parent, and you can appropriately raise your child. Our team can help protect your rights, and will fight for them as if they were our own.
Call our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529) and speak to one of our New Jersey DYFS lawyers. We are here to help you and your family, so don’t wait.
Simple Assault and DYFS in New Jersey
In New Jersey, simple assault can be committed in three ways. While each of these ways are different, they all result in a person being injured, or the intent to injure was present. Below are a few ways someone can commit simple assault:
- One way a person can commit simple assault is by either attempting to cause bodily harm to another, or actually causing someone to suffer a bodily injury. This injury must be caused either purposely, knowingly, or recklessly.
- Another way simple assault can be committed by someone is if they negligently injure someone with the use of a deadly weapon.
- Finally, the third way a person can commit simple assault is by putting another person in fear of imminent serious bodily injury.
If DYFS has accused you of simple assault, they can remove your child from your home. If this is happening to you, call our New Jersey DYFS attorneys at 1-855-9JEFLAW (1-855-953-3529). Our team of tough, smart, and dedicated lawyers will help you fight to keep your kids at home. We know this time is tough, so call us so we can help you out.
Sexual Assault and DYFS in New Jersey
Sexual assault in New Jersey is also known as rape. New Jersey defines sexual assault as the penetration of a victim by physical force or coercion, or if the victim has been physically or mentally incapacitated. Sexual penetration is constituted as vaginal intercourse, cunnilingus, fellatio, or anal intercourse between two people. This also included the use and insertion of the hand, finger, or object into the anus or vagina either by the defendant or their instruction.
Sexual assault is a severe crime, so don’t go through this alone. Our team of experienced and smart lawyers can help you through this process, and fight for your rights. If you have been accused of sexual assault, and DYFS is looking to remove your child from the home, or has done so already, we can work to help get those charges removed. Our NJ DYFS attorneys are here to help you, your child, and work to help get these sexual assault charges dropped, so don’t face DYFS and Court alone.
Call our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529) to speak to one of our smart and hardworking child abuse defense lawyers. We will fight for you!
New Jersey Aggravated Sexual Assault and DCPP
Aggravated assault in New Jersey is categorized six different ways. Being accused of aggravated assault is a very serious crime, and there is no statute of limitations. Below are the six types of aggravated sexual assault:
- The victim must be at least 13 years of age, but no older than 16 years of age. The defendant must have also known that he had a familial relationship with the victim, a supervisory or disciplinary power over the victim, or he was the victim’s parent or guardian.
- The defendant had penetrated the victim during a robbery, kidnapping, homicide, aggravated assault, burglary, arson or criminal escape.
- The defendant was armed while committing the act of sexual penetration. The defendant also threatened verbally threatened the victim, or gestured to use the weapon to gain the sexual advantage.
- Sexual penetration is committed and the defendant is aided or helped out by one or more other people, and they had used physical force or coercion.
- The use of physical force or coercion by the defendant resulted in severe personal injury to the victim.
- The victim was physically helpless, mentally defective or mentally incapacitated, and the defendant knew or should have known these conditions. Physical helplessness means that the victim was unconscious or unable to flee or communicate their unwillingness to act.
In all of these cases, the defendant had to have sexually penetrated the victim, and use these acts to purposely sexually arouse, degrade, or humiliate the victim, or to gratify themselves. If you have been accused of aggravated sexual assault, our team of smart, tough, and experienced NJ criminal divorce lawyers will help. If DCPP is after your child due to your aggravated sexual assault accusations, our team can attack your case from many different angles. We will work hard to help you bring your child back home, and to help protect you from these aggravated assault allegations.
Contact our NJ DCPP attorneys by calling 1-855-9JEFLAW (1-855-953-3529). This number is our 24/7 toll free hotline, which will connect you with one of our lawyers who is ready to fight for you and your rights.
Endangering the Welfare of a Child and DYFS in New Jersey
If you have a legal duty to care for a child, or assumed responsibility for the care of a child, and are accused of engaging in sexual conduct with this child which could damage or impair their morals, you may be charged for endangering the welfare of a child. You may also be charged for endangering the welfare of a child if you cause the child harm by neglecting or abusing them. In order to be considered a child, this person must be under the age of 16.
Endangering the welfare of a child can also be charged if the defendant is accused of photographing or filming a child in a prohibited sexual act. If the defendant is accused of knowingly, to name a few, selling, manufacturing, transferring, publishing, filming, and disseminating any reproduction which depicts the child engaging in the prohibited sexual act.
If you have been accused of endangering the welfare of a child, you should not take it lightly. Put yourself in a good place by contacting our team of NJ defense attorneys. When accused of such an act, DYFS will be involved, and they have the power to remove your child from the home, and they can even remove your parental rights. Let our team work to help you defend your rights and work to have these endangering the welfare of a child charges dropped.
Contact our team of New Jersey DYFS lawyers by calling our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529). Call us today!
DCPP Child Endangerment in New Jersey
Child endangerment in New Jersey is when any person who has a legal duty to care for the child is accused of engaging in sexual contact or harms the child through abuse or neglect. If the defendant had committed these acts willfully and intentionally, he could be charged for endangering the child.
Another way someone could be charged for child endangerment is if they were accused of consuming controlled substances in the presence of the child or operated a vehicle while the child is inside when intoxicated. In this instance, the child is considered to be in immediate danger of serious injury or death, which means DCPP will end up stepping in.
Child endangerment charges are nothing to fool around with, as they can result in serious penalties, and even the loss of parental rights. If you are facing a child endangerment accusation, our team of smart and tough NJ DCPP defense attorneys will help. When putting your child in danger, you run the risk of having your child taken from you and never seeing them again. Our experienced lawyers will work to bring your child back home.
Call our 24/7 hour toll free hotline at 1-855-9JEFLAW (1-855-953-3529) to speak to one of our experienced lawyers who are eager to help you.
Criminal Sexual Contact and DCPP in NJ
Being convicted of criminal sexual contact in New Jersey means that the defendant is guilty of committing acts of sexual contact with the victim and the defendant has used physical force or coercion but the victim has not received a severe personal injury. If the defendant has purposely touched themselves in an intimate region while in the view of another person who the defendant knew was there, that also constitutes as criminal sexual contact.
In order to be proven guilty, the touching must have been intentional, and the court must be given proof beyond a reasonable doubt that it was intentional. If the touching was found to be done intentionally with the purpose of degrading or humiliating the victim, or the defendant was sexually aroused or received a gratifying feeling from it, then they will most likely be found guilty of criminal sexual contact.
Our team of smart and tough NJ DCPP lawyers can work to help you out. If DCPP is looking to, or has removed your child from your home because you have been accused of criminal sexual contact, we will fight for you and your child, doing all we can to help bring them home. We believe in your rights, and we want to protect them, and we want to work to help have these criminal sexual contact charges dropped. Call our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529) and speak to one of our experienced attorneys who is ready to fight for your rights.
Aggravated Assault and DYFS in NJ
In New Jersey, aggravated assault is when an injury is either caused purposely, knowingly, or recklessly, and a person has either attempted to to cause or has caused bodily injury on another person. Many aggravated assault cases involve the use of a deadly weapon, and the the defendant has acted under “circumstances manifesting extreme indifference to the value of human life.” This means that the defendant acted in a way that a result in injury was probable, not just merely possible.
If DYFS has accused you of aggravated assault, that may result in the removal of your child from your home, as it is seen as an unsafe place to live. If you are facing these allegations, be sure to contact our team of experienced NJ DYFS lawyers on our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529). Our lawyers will fight for you and work to help you have these charges dropped. Don’t wait, be sure to contact us right away so we can get to work!
How Can New Jersey Terminate My Parental Rights?
As a parent, you have the right to see your child, as well as make decisions for them and receive information about them. With that being said, if you, as a parent, are seen as a threat to your child by the Division of Child Protection and Permanency (DCPP) and the state of New Jersey, you have your parental rights terminated. When your parental rights are on the line, it is important to call our team of DCPP lawyers ASAP.
The termination of parental rights starts when DCPP starts a civil action by filing a complaint, which is also called a guardianship complaint. Here, there may be a number of hearings and possibly a trial, which is used to see if the complaint by DCPP is justified. If deemed justified, the parent may have their parental rights legally terminated if it is what’s best for the child.
Fight DCPP and New Jersey with Our Help
Leading up to the termination of parental rights are a number of orders given by the Court that have either failed or were ignored by the parent. On top of that, the Division must be able to prove that the parent is an unfit parent and that the child will continue to be harmed by the parent. It must also be shown that reasonable measures were taken in order to maintain the relationship between the parent and child, and that these actions failed or were ignored. Finally, DCPP must prove that terminating the rights of the parent will do more good than harm to the child and their well being.
Having your parental rights terminated is a serious matter, and should not be taken lightly. If you are being faced with the possibility of having your parental rights terminated, contact our team of tough and smart NJ DCPP attorneys. When your rights are terminated, there is no getting them back, which is why you need an experienced attorney on your side from the start to help you keep these rights. We will work hard to help defend your rights, and use our knowledge of New Jersey’s policies and statutes to prove you are fit to be a parent.
Call our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529) as our team we will fight for your rights.
Kinship Legal Guardianship (KLG) in New Jersey
Kinship Legal Guardianship, also know as KLG, is when a caregiver assumes responsibility for the child, but the parents of the child can still have contact with them. If the parent of the child has lost their parental rights or custody of their child, it will be very tough to get them back, which is when a KLG steps in. With that being said, if the parent of the child regains custody, they can oppose the caregiver’s court order. When applying for kinship legal guardianship, the caregiver must let the parent’s of the child know, as well as everyone else who has legal visitation rights with the child.
A caregiver must have taken care of the child, and living with the child, for 12 months in order to be considered a KLG. When one becomes a kinship legal guardian, they assume the same responsibilities as the child’s birth parent. Below are a few rights and responsibilities a KLG would have for the child:
- Making decisions about the child’s care
- Consenting to medical treatment
- Making plans for the child’s education
- Applying for services for the child
- General responsibility for ensuring the child’s safety and well-being
If the caregiver has been granted kinship legal guardianship, the birth or adoptive parents will lose custody of their child. As long as the parents have not lost their parental rights, they can still visit their child, refuse that your child be adopted, and even refuse they change their name. DYFS may ask the Court to award KLG to foster parents in certain situations. If this is happening to you, call our NJ DYFS attorneys today. We can help fight these requests and work to help you keep custody of your child. By using our experience and knowledge, we will help you through these legal processes, fighting so that your child can stay at home with you.
Call our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529) where you will be connected to one of our smart and tough lawyers, determined to fight for you!
Specific DYFS Situations
New Jersey takes child abuse and neglect very seriously, which is why DYFS is so big and strong. When it comes to DYFS, there are many different situations they can play a role in. From divorces and custody involving DYFS, to hospitals and DYFS working hand-in-hand, the protection of children is everywhere. Below are specific situations our law firm can help you with:
- DYFS doesn’t have to follow any rules when the case is not in court
- A DYFS unfounded letter may not mean that you are out of the woods yet
- The Hospital can test the Meconium to detect drug use during pregnancy
- Don’t let DYFS allegations impact your child custody case
- Dealing with DYFS involved custody cases in New Jersey
- Dealing with false DYFS allegations in New Jersey
- What to do when DYFS / DCPP requests a substance abuse evaluation
- Dealing with a divorce in New Jersey with DYFS allegations and investigations
- Dealing with DYFS in New Jersey when you have a child with autism
- DYFS (DCPP) and domestic violence allegations in New Jersey
Our team of NJ DYFS attorneys is well diversified, and is very knowledgeable about all of the DYFS situations mentioned above. We are here to help you fight to keep your child at home, as well as help keep your parental rights. Our team is full of determined lawyers, eager to help you.
Keeping your family happy and protected is our number one goal, so be sure to call our New Jersey DYFS attorneys at 1-855-9JEFLAW (1-855-953-3529), our 24/7 toll free hotline.
What is a Preliminary Hearing?
In a preliminary hearing, judges will decide whether or not DYFS should continue with the case, as well as if the child should live at home while the case continues. If there are satisfactory supervisions, or the abusive parent leaves the home, the judge may allow the child to stay at home. During this time, the judge may also order certain services such as psychological evaluations, substance abuse testing or treatment, or domestic violence services. Over time, these service providers will provide reports to the court with recommendations.
Have Our NJ DYFS Attorneys by Your Side at a Preliminary Hearing
When at a preliminary hearing, our NJ DYFS attorneys will fight for you and your child. We are a team of experienced, smart, and tough attorneys, who will help guide you in the right direction. This hearing is crucial, as it can show the court and DYFS that you are fit as a parent, and that your child is safe at home. Our team will work to fight for you and your child, and to help them remain at home. Having our tam by your side from the start is crucial, so be sure to call our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529). We’re excited to fight on your behalf.
What is a Permanency Hearing?
A permanency hearing will be held if the case stays open for more than a year. At this hearing, DYFS will present you with a permanent solution which gives your child a steady, long-term living arrangement. Here, you have the right to offer the court an alternative plan. DYFS has the ability to file a separate court case to terminate your parental rights if they believe your house can’t become a safe place to live.
Our New Jersey DYFS Attorneys Will Work to Help Dismiss the Case
Our team of tough and smart New Jersey DYFS attorneys can work to help you get your child back, as well as guide you down the right path. If you lose this hearing, the court will allow DYFS to file a complaint to terminate your parental rights. Therefore, we will need to do anything we can to get the case dismissed at this point. We will work to help you bring your child back home. Call our 24/7 toll free number at 1-855-9JEFLAW (1-855-953-3529), and our lawyers will be happy to fight for you and your child.
What is a Fact-Finding Hearing?
After the discovery period comes a fact-finding hearing, which is very similar to a trial. Here, DCPP will present evidence of the claims against you, and then you get the opportunity to present a defense. The best way to prepare for this type of hearing is to do so with one of our New Jersey DCPP attorneys, as you can rely on them to protect your interests.
The fact-finding hearing is designed to see if the accusations of child abuse and/or neglect have occurred or not. If the judge finds that you have in fact abused or neglected the child, DCPP may receive a court order which says that you must comply with certain services such as psychological evaluations or domestic violence services.
Don’t Face NJ DYFS Alone, Call Our Team
At the fact-finding hearing, our lawyers will cross examine the witnesses, attempt to limit their evidence, and/or introduce our own evidence to get the case dismissed. Having a lawyer by your side is crucial at this stage, as this hearing sets the tone for the future. With one of our hardworking and smart lawyers by your side, we can help you understand your rights in this situation, as well as help fight for your parental rights. If your child had been removed from the home, we can work to help have them returned soon. Be sure to reach out to our team of NJ DCPP lawyers and we will work to help you and your child. Call our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529) to speak to one of our dedicated attorneys, who are ready to fight for you.
What is a Dispositional Hearing?
Once the fact-finding hearing is over, the judge will decide if you have abused or neglected your child, and why they have decided that outcome. If the judge finds you guilty of doing so, another hearing called the “dispositional hearing” will occur. The dispositional hearing will most likely occur immediately after the fact-finding hearing. Here, the judge will give you a list of steps you must complete, like participation in counseling and other betterment programs. While these steps are being completed, the judge will decide if your child will live with you at home or not. After the dispositional hearing, you have 45 days to file an appeal of the results found in the fact-finding hearing.
Let Our New Jersey DCPP Lawyers Fight For You
It is important to contact our team of New Jersey DCPP attorneys, as we can guide you and protect you from unfair orders given to you, as well as help you appeal what was founded in the fact-finding hearing. DYFS can request a number of things from you that are unfair, and with us by your side, we can help deem them to be fair and just. Our NJ DCPP lawyers will work to help you fight to get your child back! If you are facing a dispositional hearing, contact our experienced team by calling our toll free hotline at 1-855-9JEFLAW (1-855-953-3529).
What Happens When DYFS Files an Order to Show Cause and Complaint?
These papers show that DYFS believes you have abused or neglected a child, and DYFS may request that the child be removed from the home temporarily. When filed, an order to show cause and complaint will also let you know that you are required to appear in court at a certain day and time.
If DYFS removes your child from your home due to an emergency before first going to Court, which is known as a DODD removal, on the next business day, DYFS must file a Complaint. Here, you are entitled to a preliminary hearing at the time the Complaint was filed.
If DYFS has filed these papers, it is important to contact our team of experienced and tough NJ DYFS attorneys, as being protected and properly guided from the start is crucial. If your child is removed from your home, it is important to fight it right away, as gets more difficult to bring them home the longer you wait. Our team can work to help you have these charges dropped, and make sure you and your family are unharmed. Going through this alone can make things worse, so call our team at 1-855-9JEFLAW (1-855-953-3529) and we’ll be happy to fight for you.
What Happens During the Discovery Period?
Discovery is the period where both sides gather additional information to defend their case. This occurs once the judge decides the case should move forward. It is also possible for the judge to schedule a status conference after the preliminary hearing. This way, the judge can keep an eye on where each party is in the discovering process.
During this period, your DYFS caseworker will continuously evaluate you, your home, as well as the facts that are in your case. The caseworker and the law guardian or investigator will also check up on the child to make sure they are doing alright.
Our NJ DYFS Attorneys Can Help You Through the Discovery Period
Not only will our NJ DYFS attorneys work hard to provide strong evidence for your case during this period, but we will also give you advice on what you should and shouldn’t do. As mentioned, caseworkers will check in to make sure your child is safe, and our team can provide helpful tips on how to handle certain situations. Contact our NJ DYFS lawyers so we can help you out during this crucial period. The discovery period is when each side gathers the necessary information, so it is crucial to have our smart and determined team on your case. Our experienced and smart team will fight to help you have these charges dropped, so call our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529).
What are Review Hearings?
If you have been ordered to complete services at the dispositional hearing, there will be additional review hearings so that the court can monitor your process. It is crucial to obey the orders given at the dispositional hearing, as these hearings are to see whether or not the current orders are being followed or not, and whether or not new orders should be made.
Through the review hearings, it is important to have an experienced attorney by your side. Our hardworking team of attorneys can help defend you, your child, and your rights at these hearings, and we can correct any false information that has been given. Review hearings are important to show the court that you are following their orders, so if this case gets handled poorly, you may end up losing your child.
Call our team of New Jersey DCPP attorneys at our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529). We will fight for you and develop a plan where we will work to help get your child back.
Our New Jersey DYFS attorneys will fight for you, your child, and your rights. We are here to guide you on what you should and should not do when dealing with DYFS. People have many questions about DYFS, their case, and what they can or cannot do. With help from our team of experienced lawyers, we can help you answer these questions with ease.
Below are some frequently asked questions and concerns we receive from our clients, and we hope these answer many of your own and help put your mind at ease:
- How long does a DYFS case last?
- Should I do a DYFS hair follicle test?
- Should I give DYFS a urine test?
- Will DYFS talk to my kids at school?
- How do I prevent DYFS from talking to my children?
- Should I complain about my DYFS case worker?
- How can I get my kids out of foster care?
- Should I let the DYFS case worker into my house?
- Should I hire a private lawyer for my DYFS case?
- Will hiring a lawyer for DYFS make things worse?
- Do I have to sign the HIPPA form from DYFS?
- What is a safety protection plan?
- The school called DYFS on me.
- How to find out who called DYFS on me?
- My neighbor called DYFS on me.
- DYFS showed up to my house with the police.
- Do I have to let DYFS in my house?
- Is DYFS allowed to speak to my kids?
- Should I do a DYFS substance abuse evaluation?
- Will hiring a lawyer make DYFS come after me?
- Should I comply with DYFS (DCPP)?
- Can eating a poppy seed bagel make you fail a drug test?
- Is DYFS allowed to interview my child at school?
- Do I need a lawyer to help me with my DYFS / DCPP case or investigation?
- What are my rights with DYFS / DCPP?
Contact our smart, tough, and dedicated NJ DYFS lawyers for help regarding your case. We can give you the guidance you need, and we will fight to help you bring your child back home. Call our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529), and we’ll be happy to help you.
To ensure that children are protected from abuse and neglect, DYFS has the right to do what they have to do. While this, at times, means that the child is removed from the home and put into foster care, that is not always the case. Often times, DYFS is required to work with the parents to develop a safety plan since the parents have the right to change their actions and behaviors to make the home a safe environment for the child.
If the parent doesn’t adhere to the safety plan and does not make changes, then DYFS can take alternative actions. In another blog on our site, we had written about how sometimes DYFS might not be “helping” you out, but when it comes to these efforts, they are legally required to to work with the parents to ensure the child stays in at home.
Our NJ DYFS Attorneys Will Guide You Down the Right Path
It is important to know your rights at times like these, and our team of New Jersey DYFS attorneys will help you. We will guide you in the right direction, and help you figure out what you should and should not do when DYFS approaches you. Sometimes, DYFS makes unfair demands, and they even violate the rights of the parent from time to time, so it is important to have an experienced DYFS lawyer on your side to help you out.
Call our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529) and our team of NJ lawyers will be happy to fight for you, your child and your rights as a parent.
Having your child removed from your home is scary. Most of the times, DCPP will see if the child can stay with a family member or friend, but sometimes the child is placed in foster care. If your child is placed into foster care, it is important to call our NJ DCPP lawyers right away, as it gets tougher to bring your child back home the longer you wait. If your child is taken to a foster home, your child is in the hands of foster parents who are licensed, and who have been carefully screened. For the time being, they are in good hands, but it is important to act fast to bring them home.
To help ease your mind, here are a list of requirements foster parents must meet:
- Must be adults over the age of 18
- Must be healthy and in good condition to watch over the foster children
- Must have been trained on how to be a good foster parent
- Must be able to provide the children with a safe home to live in and a nurturing environment
- Must be committed to taking care of the child and their needs
- Must work with DCPP to ensure the foster children remain safe
Foster parents go through all of these requirements and more when looking to become one. While NJ DCPP puts these parents through multiple screenings, there are some weaknesses to the system. If you need to get your child out of foster care, contact our smart, tough, and dedicated New Jersey DCPP attorneys on our toll free hotline at 1-855-9JEFLAW (1-855-953-3529). We will fight for you and your child, and will make sure you understand your rights as a parent.
In New Jersey, if the DCPP has investigated an allegation which stated that you have abused or neglected your child, and has discovered that your child is at an “imminent risk of harm,” the DCPP can remove the child from your home right away without a court order. This is what is known as a DODD removal, and once this removal occurs, the DCPP must be before a judge within two court days to ratify, or approve, the DODD.
Feel at Ease in Your NJ DODD Hearing With Us By Your Side
Since these DODD hearings happen so fast, it is important to act quick and contact an attorney who will be prepared to defend you. Our NJ DCPP lawyers are available at all hours of the day, making them easy to reach. Experienced lawyers will help you understand your rights in this situation, and will also be able to the devise a strategy you’d need to enter a DODD hearing. Our team of experienced lawyers can work to help you get your children back.
A mishandled DODD hearing could hinder your chances of having a successful DCPP case as it moved forward. Don’t drop the ball from the start, and let our New Jersey DCPP lawyers handle the DODD hearing, so that you are in good hands from the start. Be sure to call our 24 hour toll free hotline at 1-855-9JEFLAW (1-855-953-3529) to get in contact with one of our dedicated, tough, and smart lawyers who will work with you to bring your children home.
New Jersey has a very broad definition of child abuse or neglect, meaning that a child can be abused or neglected by their parent in several ways. While many factors go into the termination of parental rights, incarcerations may affect decisions made by DYFS when it comes to the termination of parental rights as well.
Many people question the how the Court views incarcerations when deciding whether or not a parent deserves to have their parental rights terminated. Most of the time, if a parent has established a relationship with their child before the term of incarceration, they are more likely to maintain their parental rights. With that being said, if the child is younger, and the relationship between the parent as child is not strong or sturdy, there is a greater chance the parent may lose their parental rights.
Our New Jersey DYFS Attorneys Will Represent You
Even if the parent-child relationship is strong and has been great for years before the term of incarceration, that doesn’t mean DYFS won’t terminate the parent’s parental rights. Throughout the incarceration, the parent must remain in contact with DYFS, offer themselves up for the necessary rehabilitation and treatment, show that they still desire to be a positive influence in the child’s life, and much more.
Just because a loved one is incarcerated, you should not think that their case is hopeless. Our team of tough, smart NJ DYFS attorneys can still represent them in court. Without adequate representation, they are at risk to have their rights terminated. Call us today on our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529) to discuss the case to see how we can help them.
Many times, New Jersey DYFS claims that they are helping you out, and you are inclined to cooperate with them. This “cooperation” may stem from the fear of being viewed as uncooperative by the judge, or maybe you became fearful of all the threats DYFS has made if you do not cooperate with them. While the safety and security of your child is important, it is also important to know that helping out DYFS may make things worse. This is why it is crucial to hire an experienced DYFS lawyer who can advise you on whether you should or should not comply with DYFS.
Help Yourself by Contacting Our NJ DYFS Attorneys
If you end up cooperating with DYFS, things will get worse because if a family is not in litigation, they are not a top priority. When out of litigation, DYFS is in no rush, which could lead to a long supervision or suspension of parenting time. There have been instances in where parents have had to face six months of supervised parenting time before the court even thought about loosening the punishment.
To ensure you have the right New Jersey attorney fighting for you, call 1-855-9JEFLAW (1-855-953-3529). This 24/7 toll free hotline will connect you to a smart, tough, and hard working lawyer, who will have your back throughout this process.
If your child’s needs are not, or cannot, be adequately met, then DYFS is allowed to place your child in foster care. New Jersey DYFS will most likely not put your child in foster care right away. Initially, you will be asked to identify family members or friends who can take care of your child. If there is an immediate need for your child to be placed somewhere, DYFS will either place the child with a family member or a foster home.
If your child has been taken by DYFS and is placed in a foster home, that does not mean they will remain there. Just because a child is placed in a foster home, doesn’t mean that the foster parents can seek the right to adopt that child, as foster care is designed to be temporary care for children. With that being said, the longer your child stays in foster care, the harder it will be to get him or her back.
If your child has been removed from your home, our New Jersey DYFS lawyers will help you. As mentioned, the longer your child stays away, the harder it will be to bring them back home. Therefore, the best move is to try to get your child back at the first court appearance. At our firm, our lawyers are determined and dedicated to make sure you remain the parent of your child. We will help you, so be sure to call 1-855-9JEFLAW (1-855-953-3529). This 24/7 toll free hotline will connect you to one of our bright and hardworking attorneys, so don’t wait.
When New Jersey DCPP removes your child from your home, they will initially ask if there are any family members or friends who can tend to your child. If there are no family or friends who are suited to watch the child, then DCPP will place that child in foster care.
If your child is placed in a foster home, their foster parent does not have the right to seek to adopt your child. Foster care is temporary care for children whose parents are unable to care for them at the moment. With that being said, foster parents are not forbidden to adopt a child they are caring for. If the child has been in placement for a long period of time, the foster parents may be able to adopt the child. If the child is eligible for adoption, the Bureau of Children’s Services will consider the application of the foster parents over every other application. This is why it is important our team of DCPP attorneys fight to get the child out of foster care right away!
If you are scared your child may be removed from your home, or you would like to fight to get your child out of foster care, give our New Jersey DCPP lawyers a call at 1-855-9JEFLAW (1-855-953-3529). Our 24/7 toll free hotline will connect you with a tough, smart, and dedicated attorney who will do everything they can to fight for you and your child. Don’t hesitate, call our law offices today.
Yes. If you are found to be an unfit parent, your parenting rights can be taken from you by DYFS. There is a four-prong test that must be met, with undoubtedly clear and confident evidence. If these four standards are met, DYFS must request to file a petition to remove your rights as a parent on the grounds of the “best interests of the child.”
Below are the following standards that must be met in order for NJ DYFS to take action:
- The parent’s relationship with the child has, or will continue to endanger the child’s safety, health, or development.
- If the parent can’t or will not eliminate the harm that faces the child. Also, the parent can’t or will not provide a safe and stable home for the child, and the delay of the placement process will add to the harm of the child.
- DYFS attempted to help the parent correct their current circumstances with provided services, as this led to the child being placed outside the home, and the court has examined alternatives to the termination of parental rights.
- Terminating the parent’s rights will not harm the child, as much as it would if the parental rights remain in place.
If DYFS is accusing you of these acts, and your parental rights are on the line, you need a lawyer who will fight for you and your rights. Our team of tough and smart New Jersey DYFS attorneys will go the extra mile for you, fighting for your parental rights as if they were our own. Call our NJ DYFS lawyers now at our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529) and we’ll be happy to help.
Child abuse allegations made against you can be very scary, and often can spark panic. When allegations and an associated child welfare case are made against you, a lot is on the line. While these child abuse allegations are scary, they are not always valid, and not all parents deserve the repercussions of these allegations.
Child abuse allegations are very complex, and trying to disprove them alone is extremely difficult to do. It is important to have knowledge of the court, New Jersey’s child welfare agency, and the correct way to challenge evidence presented against you. Finding a DCPP attorney who has years of child welfare experience, like our NJ team, is a great first step toward fighting these false allegations.
False Claims in DCPP Case? We Have Your Back.
Children have often made up allegations, exaggerated certain problems, and even persisted of making up false claims once your wrongdoings have been cleared. Fighting these allegations alone are very difficult, which is why it is important to speak to an attorney who knows what to do in these tough times.
When faced with child abuse allegations, our DCPP attorneys will present you in positive ways, which are otherwise tough to do alone. With an effective testimony and records, which can be presented to show your credibility, the system may begin to swing toward your side. Our team has been through this before, and will fight for you and your rights.
We believe your rights as a parent is one of the most important rights you have. Our team of skilled DCPP attorneys fight like you wouldn’t believe to help you protect your parenting rights. Give us a call on our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529), and we would be honored to help you defend your rights.
Having DCPP, which was formerly known as DYFS, come to your front door is a scary thing, and it often makes people’s emotions run wild. If child welfare workers end up taking your child from your home, you may get the sense of helplessness, loneliness, and anger. These emotions cause people to do things without thinking, especially when it involved your child. Before reacting without thinking, it is important to understand what your first steps should be in order to get your child back sooner.
While speaking to one of our NJ DCPP attorneys is always the safest move, we have listed a few steps below that you can do right away:
Step 1: Find a Place For Your Child to Go
Oftentimes, child welfare workers will ask you if you have any friends or family who would be able to take care of your child for the time being. Most of the time, putting your child in the hands of family or friends is preferred over putting your child in foster care. So, if a child welfare worker asks you if you know anyone who can temporarily take care of your child, call around and try to find a safe and comfortable place for your child.
Step 2: Pick up the Phone, and Call an Attorney
If DCPP has taken your child from your home, then they have already issued a court order, or they will be pursuing one immediately. This order allows DCPP workers to to remove your child from your home. Once this occurs, contact our attorneys, as they will help you understand your rights and how to defend them. Not only that, but we will also explain how the child welfare process works and what you can expect, so that your mind is at ease going forward.
Step 3: Stay on Top of the Investigation
Before any big decisions are made on the final placement of your child, DCPP will investigate your case. It is important for you to stay involved throughout this process. Be sure to discuss your rights with an attorney, and bring your child back home by working with DCPP to develop a safety plan. It doesn’t matter if you feel like the child welfare workers are with or against you, staying involved and being cooperative will help DCPP make the decision which is best for your child.
Step 4: If You Don’t Like It, Don’t Agree to It
One of your rights is to disagree with the decisions DCPP makes. It is possible to appeal decisions that were made such as substantiated findings, as well as services DCPP would want you to use. While you have the opportunity to work with your case workers to ensure your child comes back home by devising safety plans, sometimes they make requests that are unreasonable and unfair. This is just one reason as to why an attorney is so important, as they can advise you on whether or not you should agree to any decisions or requests.
If your child was taken from you, and you are not sure what the next steps may be, it is important to remain calm and to not overreact. If you are unsure what to do, call our team of dedicated and smart New Jersey DCPP attorneys our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529). We will be more than happy to help!
Child abuse allegations play a very large role in the divorce process in New Jersey, as it mainly affects the custody of the child. When going through a divorce, the judge will look at many factors to decide on who gets custody of the child. If there are abuse and neglect allegations made which are supported by signs of physical trauma, psychological problems, and more, then the custody of the child will be a disputed issue in the divorce. Since custody affects parenting time and child support, it is clear to see how these child abuse allegations get in the way of the divorce process.
It should come as no surprise that the court wants to do what’s best for the child and their safety. Now, this doesn’t mean the abusive parent will never see their child again, but it does mean that he or she may have limited time to spend with their child, all while being supervised. The court may also require that the abusive parent and child spend time together in public places. On top of that, abusive parents may be ordered to counseling or mental health services, and must complete them before spending time with their child. Usually, the court tries to allow limited visitation so that the abusive parent stays motivated to better themselves.
When discussing custody, parenting time, and child support, child abuse allegations come into pay, and affect the outcome of each. These allegations will undoubtedly complicate a divorce, and reaching out to an experienced attorney would be a smart move. In this situation, our attorneys will help you understand your rights, as well as help you reach a custody agreement that is in the best interest of both your child. On top of that, if the court orders you to do certain activities so that you can have visitations, our experienced and knowledgeable DYFS attorneys will be there to ensure that those orders are reasonable.
If you are going through a situation very similar to this, reach out to our team of tough, smart and dedicated NJ DYFS attorneys. Be sure to call our 24/7 toll free hotline at 1-855-9JEFLAW (1-855-953-3529), and we’ll be more than happy to help!
What are the DYFS Court Procedures?
When New Jersey’s Division of Child Protection and Permanency (DCP&P), which was formerly known as the Division of Youth and Family Services (DYFS), gets a claim that you abused or neglected a child, they will initiate an action against you. Once this happens, you will need to immediately contact a lawyer, as attorney representation is important from the start. Once the case is initiated against you, DYFS will go through several court procedures. Below is a list of the several steps the court usually goes through in cases like these.
- File an Order to Show Cause and Complaint
- Preliminary hearing
- Fact-finding hearing
- Dispositional hearing
- Review hearings
- Permanency hearing
This process can be a grueling one, and can fuel many emotions. If you are looking for more clarity about DYFS court procedures, or if you are in need of a tough and smart team of lawyers, contact us through our 24 hour toll-free hotline at 1-855-9JEFLAW (1-855-953-3529). Our hardworking and dedicated attorney’s will be there with you every step of the way.
Child abuse and child neglect are two harmful actions towards children, which threaten the health, safety, and development of a child. Both child abuse and child neglect can result in a child welfare case, so contact a dependable New Jersey DYFS lawyer right away. While both of these actions are harmful to a child, they are both caused by different actions. Below, our NJ DYFS law firm will go into a bit more on how you can differentiate between child abuse and child neglect.
What is Child Abuse?
Children can be abused in many ways. Whether it be physical, emotional, or sexual, child abuse is when a parent or caregiver is harming a child, or putting that child at risk of harm. Abuse can happen once, or it can be a series of events done by the parent or caretaker. Inflicting physical injury, emotionally abusing a child, or involving a child in a sexual act are all examples of child abuse. Any of these can psychologically and physically damage a child.
What is Child Neglect?
Child neglect is just as harmful as child abuse, although it differs in the sense that there is a lack of action by the caregiver. Meaning, if a parent of caregiver doesn’t give their child the proper care needed as a child, such as sufficient shelter, clothing, food, medical care, supervision, and education. While neglect is usually a string of ongoing mistreatment, it can also occur from one instance.
Being able to distinguish the difference between these two terms is very important. It is crucial to understand your rights when discussing your child and his or her safety. If you are facing accusations that you have abused or neglected your child, our team of New Jersey custody lawyers are dedicated and hardworking individuals, determined to help you get your child into the right hands. Call our 24 hour toll-free hotline now at 1-855-9JEFLAW (1-855-953-3529) to discuss your case.
A law guardian is essentially your child’s defender. In legal situations, a child must have his or her voice heard, and in many family law cases, a law guardian can voice the wishes of the child. Law guardian’s are there to not only voice the child’s wishes, but they also serve to protect the interests of the child, independent of the parents’.
In cases involving child abuse, or in the event parental rights may be terminated, a law guardian is appointed. Both the law guardian and investigator will ask the child questions about the case, preparing them for court. If deemed necessary, evaluations like mental health evaluations may be coordinated by the law guardian. Although the law guardian is there to speak for the child, much like an attorney, they do not make the child’s decisions.
The law guardian has allegiance to the child, and the child alone, and has no affiliation with either of the parents or DYFS. Their sole purpose is to understand the wishes made by the child, and must present these wishes, as well as the child’s best interests, to the Court. Finding a skilled and caring law guardian is important, as they are the ones who help the child through the court process.
Consulting with a New Jersey DYFS attorney is highly advised if you are facing allegations of abuse and your parental rights are at stake. A well versed and experienced DYFS attorney can help you defend allegations of abuse or neglect made against you, helping you assert your rights in court. An attorney can also help you find out what the law guardian will say in regard to the child’s wishes, making sure the outcome of the case is fair and your child’s best interests are protected. If a law guardian is making your case difficult, we know how to fight back. Our team will fight for you, and will go to great lengths to make sure your case is strong.
If you are searching for an intelligent and reliable New Jersey DYFS lawyer, please contact our team at 1-855-9JEFLAW (1-855-953-3529). This 24/7 toll free hotline is made available to you so that you can reach us at any time, further showing our dedication to you.
When it comes to DYFS child welfare cases in New Jersey, we understand how stressful and emotional they can be. Your custody rights are on the line, along with the right to see your kid, and DYFS can be tough to handle without the proper representation. With so much on the line, it is a smart idea to rely on a trusting team of hardworking and dedicated New Jersey DYFS attorneys. If you are facing a child welfare hearing in the near future, you are going to want to be prepared so that you know what to expect when the time comes.
If your child must attend the hearing, they may be appointed a law guardian, who can represent your child in the case. This law guardian cannot represent you if they are representing your child, as this would be a conflict in interest. If you are facing a similar situation, a lawyer can help you articulate your side of the story, as well as your desires. If you believe the evidence against you is incorrect, our attorneys can obtain certain documents you would not be able to obtain, which would help you challenge the findings presented in the child protection investigation. Attorneys can also make sure that any requirements the court put in place are relevant and that they can be reasonably met.
It is important to obtain a lawyer who has experience with DYFS cases, and someone who is willing to go the extra mile to keep you informed and involved throughout this difficult and fearful time. Don’t put this much importance in the hands of someone who can’t handle it, so call our 24 hour toll-free hotline at 1-855-9JEFLAW (1-855-953-3529) and we’ll be happy to fight for you.
How to Appeal Child Investigation Findings
When it comes to findings in New Jersey, which are the outcomes of child protection investigations, not all are valid. These findings give DYFS the needed information to protect a child, as well as help the court put the necessary protections in place. Although DYFS works hard to protect children and their best interests, everybody makes mistakes, and you may disagree with their findings. If you disagree with what DYFS has found, then you have the right to appeal the findings from a child protection investigation.
Before appealing, it would be beneficial to understand a few things:
- After DYFS makes their decision, you can only request an appeal of one kind of decision they made. Other findings can be appealed, but substantiated findings are appealed differently than findings that are not substantiated.
- Once you have received the written notice of Substantiated findings, you must write your request of an administrative appeal hearing within the next 20 days.
- If the findings are “Established” or “Not Established,” you have 45 days to file your Notice of Appeal with the Appellate Division.
- While the hearing will be held in front of an administrative law judge, you will have the opportunity to argue your case and prevent evidence that will support your argument.
If you succeed in your appeal, the changed decision will be recorded, and copies of this change will be given to all parties who are interested such as law enforcement or other parties to the case.
Not many parents realize that DYFS makes wrong and uninformed decisions from time to time. If you do not agree with the decisions made in your child protection investigation, our team of highly intelligent lawyers can help. Be sure to call our 24/7 toll-free hotline at 1-855-9JEFLAW (1-855-953-3529), and we’ll be happy to help.
What is a psychological evaluation from DYFS?
As a DYFS lawyer, there is nothing more irritating than a DYFS psychological evaluation. This seems like the ultimate hatchet job. See, no matter how normal you may be, DYFS’ psychologist will often find something wrong with you. You are presumed guilty and you have no opportunity to defend yourself. The fact that this is just allowed to occur is a travesty. These people ruin the lives of families across New Jersey and no one seems to care. So instead of this evaluation being used to confirm that there is nothing wrong with you, it is often used to find things that are wrong with you. You will be given a battery of tests and an interview. The evaluator will review all of DYFS’ reports which you might not even have access to. They will likely be considered credible. If this doesn’t sound fair, you’d be correct.
Of course, there is a way to fight back. First, you should avoid agreeing to a DYFS psychological evaluation until you speak to a DYFS defense lawyer. He or she can advise you as to the best court of action. If you have already done one or there is no choice but to take one, you should consider taking your own psychological evaluation. Not just any evaluation will do. You will need to find someone that has experience in this area and that is rare. Your DYFS defense lawyer should be able to help you find the right person that can help you out.
The key to fighting against DYFS is to fight back and with an experienced defense lawyer. Call our team of tough, smart lawyers at 1-855-9JEFLAW (1-855-953-3529) today to discuss your case and to see how we can help you.
How to get children out of foster care
If DYFS has placed your children in foster care, the fastest way to get them out is to hire a good lawyer as soon as possible. Time is just not on your side with these cases. The first obvious step is to challenge the removal. Of course, you have no time to do this. When DYFS does take your kids, you will only have a few days until the first court appearance. One one hand, this is good that you get an opportunity to fight back so quickly but it also limits your ability to hire a good lawyer. This first court appearance is so crucial (this is called a DODD hearing). If the wrong moves are made, it could delay the children coming home for quite some time.
If your DYFS lawyer has exhausted all possibilities to get the children out of foster care and returned to you, the next thing to focus on is whether or not the children can be returned to a family member or a friend. Sometimes, you have to focus on more than one option at the same time. Your focus must be on getting the children out of foster care right away. It is very difficult to lose your children forever if they are with a family member or a friend you can trust.
Call our team of tough, smart lawyer today to discuss your DYFS matter.
New Jersey Divorce Lawyer
Unfortunately, DYFS allegations find their way into New Jersey divorce cases. This can really catch your divorce lawyer off guard and leave you without adequate protection. See, most divorce lawyers are not DYFS experts. In fact, many have handled a few to no DYFS cases in their career. Its a very specialized field. A smart attorney will promptly advise the client that they should at least consult with someone that handles these types of cases. However, there are plenty of lawyers that will not do so and instead, they will make a complete mess out of the case.
If you suddenly find yourself dealing with DYFS allegations during your divorce, call us right away. You may have a number of options available to you. These can include having us consult with you out of court, becoming “second chair” on your divorce case (working side by side with your divorce attorney) or we can take over the entire case. We have built a great team of lawyers in this office. Some of us focus more on DYFS cases while others focus more on divorce. Thus, we could put a winning team together for you to battle your divorce case and your DYFS case at the same time just as we have done for countless other clients.
We get tons of calls each day about people dealing with DYFS investigations, DYFS in their life, DYFS just left my house, I got a call from DYFS, etc, etc. Whatever you want to call it, DYFS is bothering you, the case is not in court yet and you don’t know what to do. So as to help you make the right choice, what follows are some of the frequently asked questions we get asked almost every single day.
1. Should I comply with DYFS? Should I speak to DYFS? Should I submit to a DYFS substance abuse evaluation? Do I have to let DYFS in my house? Etc.
This is a tough question. DYFS cannot force you do do anything, only a Court can. The issue is whether or not you should do something. Every case is different and I do not offer cookie cutter representation. I generally tell my clients not to do anything until I tell them to do something but if you are not a client, that doesn’t mean you should do or not do anything. That brings me to the next question…
2. Do I need an attorney?
While you don’t “need” an attorney, you also don’t “need” a car. The issue is whether or not you should hire an attorney. In my opinion, handling any legal matter without an attorney is crazy. Even though we are attorneys, we still have to hire attorneys to help us with any number of legal issues. If we wouldn’t handle our own legal issues, why should you? Likewise, if you needed surgery, would you buy a scalpel and do it yourself or would you hire a surgeon to do it? Thus, if you are not ready to perform your own surgery, you shouldn’t try to be your own lawyer.
3. But DYFS says that the case will be closed; its an easy case; I don’t need a lawyer; they have to take the case to court if I get a lawyer; etc.
I have yet to meet a client that trusts DYFS and yet for some reason, people believe what they say when it comes to hiring a lawyer. Don’t you think they are just a little biased here? Why would you trust anything they say?
4. Will getting a lawyer upset DYFS and cause more problems?
Do you honestly think we would do anything that would harm your case? We have helped 100’s upon 100’s of people avoid court. In addition to saving them thousands of dollars, they didn’t have to deal with the nightmare that is a DYFS court case.
5. You are too expensive, I want a cheaper lawyer
Ok, this isn’t really a question, but I hear this every now and then because DYFS has a war on the poor. Look at it this way, why do you think we charge what we charge and why some other lawyers are cheaper? Wouldn’t these other lawyers put us out of business? Why would anyone hire me? Why would 100’s of people trust us with their safety? Ever hear the saying that you get what you pay for?
6. Why should I get a lawyer because I didn’t need one last time and/or someone I know didn’t need one?
Clearly, not everyone that encounters DYFS hires a lawyer and plenty of people wind up just fine. Of course, there are many other people that don’t and wind up in court. So many of our in-court cases could have been kept out of court if they had just hired us first. Almost all of our cases never see the inside of a court room. These cases are not that expensive. Are you really willing to roll the dice to save just a little bit of money when the downside is a very expensive in-court DYFS case where your children may be placed in foster care and in the worst case scenario, you’re parental rights may be terminated? Also, ready the “DYFS Trap” via the above link for more information.
7. Can you guarantee (fill in the blank)?
In my opinion, it is illegal for lawyers to guarantee you anything. What we can tell you is that our track record is clear and we have shown time and time again that we know how to win. 100’s of people have trust us to help them and their family.
8. Another lawyer told me (fill in the blank)?
I never really understand this question. If you are looking for us to help you, all that matters is our advice, not the advice of anyone else. If a lawyer gave you advice and you didn’t even hire that person, I don’t know how or why this other lawyer was even in a position to give you advice.
Child Abuse, DYFS and CPS Consultants
If your criminal or family matter involves allegations of child abuse or neglect, you need a team that can stand behind you and fight against every threat to your freedom and your family. These threats can come from law enforcement, CPS workers and agencies, the other parent’s lawyer and the judge. Our team of tough, smart lawyers back down to no one.
However, not everyone has a team of attorneys behind them. Either they chose the wrong lawyer from the start or they didn’t realize that the case would get complicated. Our team of lawyers are available to consult with no matter where you live in the country. Our consulting practice is very flexible. We can work with just you, your lawyer or both of you. We can come to court with you or just review documents remotely. No matter what you are looking for, our team of consultants can work with you to help you achieve the results that you want. As you can see from our Big Wins, we know how to get results.
To see how we can help you, call us today. Let us know what your concerns are and we will tailor a strategy that conforms to your desires, your case and your budget. If we have to come to you, please be advised that we do not charge travel time in most cases.
False Sex Abuse Allegations
Conventional Wisdom says that children don’t lie. Thus, if a child makes a sex abuse allegation against a parent, it has to be true, right? This could not be farther from the truth. A number of studies and famous cases have clearly shown that children can and do lie. The reasons are endless and some are just unknown. However, one of the more common reasons children lie is because they are coached, often by the other parent. Children are great mimics and will often repeat anything. Often times, law enforcement doesn’t care about how obvious this coaching may be. As a result, people have been brought to trial and many have been convicted for false sex abuse allegations.
Our team of tough, aggressive false sex abuse defense lawyers don’t have to rely upon books or studies to know that this is the case. Consider just two of our recent examples. In the case of D.L., DYFS received an allegation that he was molesting his daughter. When interviewed, the child denied all allegations. An hour later, the child changed her story without explanation. You would think that the detective from the Prosecutor’s Office would want to know what happened in that last hour, who the child spoke with and why she changed her story. Of course, none of that was done. They were just happy that the child was now accusing dad. It took us over a year, but all charges and cases against the client were dismisse when the Court granted Jef Henninger’s motion to dismiss.
In the case of F.A., the client just finished a four month visitation battle with the mother of the child. Exactly a week after the court denied the mother’s motion to deny the father parenting time, the child made accusations that the father molested her. After a year of battling back, we finally got DYFS to realize that it was the mother who engaged in emotional abuse by coaching the child to say that she was molested. Mom was represented by an attorney that is ranked in the top 100 in the country.
Of course, we have had many other cases as well. Thus, if you are facing false sex abuse allegations, call our team of tough, smart defense lawyers and let us fight for you.
Divorce Cases involving Child Abuse Allegations
Most people don’t realize that their divorce lawyer may not know anything about DYFS or child abuse. Thus, when the other parent makes an allegation that gets DYFS involved, you may be left unprotected if you don’t have the right lawyer. Some lawyers are honest and they have told their clients to find another lawyer to help them. However, others have made a mess of the case and it was only later did the client realize that they needed to make a switch. If your New Jersey divorce case involves DYFS, make sure you have the right lawyer backing you.
When the other parent makes a child abuse or neglect allegation against you, you must act fast! Thus our team of tough, smart divorce attorneys are available 24/7
As we indicated elsewhere on this blog, this law firm is set up so that we can handle all of your DYFS related matters. Thus, we don’t just understand how to handle divorce cases, we have the experience of hundreds of divorce cases over many years to back us up. Thus, you do not have to sacrifice performance. Furthermore, we strive to get our divorce cases done faster and cheaper than other law firms. Our initial retainers are often lower and do everything we can to make sure our final bills are lower too.
Thus, if your divorce case involves DFYS allegations and you want to do everything you can to make sure that you have the right New Jersey Divorce Attorneys backing you, call us today to see how we can fight for you.
Child Abuse Criminal Charges in New Jersey
Unfortunately for some, they don’t hire a good child abuse defense attorney before they are arrested. While there are a number of crimes that can fall under child abuse, they are all serious. Our team of tough, smart criminal defense attorneys have seen smaller cases such as simple assault to very serious cases such as aggravated sexual assault. No matter how small or how complex your case is, our team of attorneys is ready to fight for you. By using the team approach, we can cover your case quicker and we can attack it from a number of different angles at the same time. This allows us to work to not only get you a better result, but to get this result as soon as possible.
Just some of the charges you could be facing include the following:
- Simple Assault
- Aggravated Assault
- Criminal Sexual Contact
- Sexual Assault
- Aggravated Sexual Assault
- Endangering the Welfare of a Child
- Child Endangerment
- Domestic Violence
As we have indicated elsewhere on this blog, there are number of things that make this firm unique. First, we have a state-wide practice. Thus, you don’t have to ask if we go to one court or another, we do and we have been there. We can also handle every single aspect of your DYFS case including criminal charges and family court issues such as custody. Thus, you don’t have to hire a number of attorneys. We are the one firm that can do it all.
If you are facing any child abuse charges, call our team of tough, smart New Jersey criminal defense lawyers now to find out how we can fight for you.
New Jersey Child Abuse Investigations
Allegations of child abuse can be investigated by both DYFS and the local police. Most people don’t realize that anything they say to DYFS can be used against them. Make no mistake about it, DYFS and law enforcement work very closely together. Thus, you cannot assume that just because you are speaking with a DYFS case worker means that you will not face criminal prosecution. You have the right to remain silent but saying nothing may also lead to problem. Only an experienced child abuse attorney can advise you as to how to proceed. Since every case is different, our team of tough, smart child abuse defense lawyers will craft a strategy that is unique to each case.
Another issue people don’t realize is that hospitals also work closely with DYFS and law enforcement. Thus, anything you say to hospital staff, doctors and social workers can also be used against you. They will often call DYFS and police right away and before you know it, you are sitting down in a room being interviewed by detectives from the Prosecutor’s Office. Most people don’t go into there expecting to admit to anything but many leave in handcuffs as they get buried by their own statements.
Don’t make any assumption about needing a lawyer. Before you do anything, call our team of tough, smart child abuse defense lawyer to discuss your options and how we can protect you and your family.
New Jersey Child Custody Cases involving DYFS
A few years ago, it seemed like most DYFS court cases were in DYFS court where they were the Plaintiff. However, our New Jersey child custody lawyers have noticed a disturbing trend has been increasing. when parents are separated and DYFS receives a report of abuse or neglect, they are not filing a court case against one of the parents. Instead, they are advising the other parent to file an Order to Show Cause to seek custody of the child. In other words, DYFS backs the other parent and provides them with advice. Even worse is that they will write reports and provide them to the court. However, they are not a party to the case and may not even show up to court. This leads to a number of problems.
One major problem is that because this isn’t a “DYFS Case” the parent who is fighting to protect their rights does not hire an attorney that knows how to handle DYFS cases. This can lead to huge problems when DYFS and other parents pushes them around the court room. Our lawyers have seen it way too many times when people fire their previous lawyer and then hire us to take control of the case.
Another problem is that although this custody case will function a lot like a DYFS case, there are important procedural safe guards that you will not have. For example, you will have to fight to get access to the DYFS file whereas in a regular DYFS case, you will automatically get access to the entire file. Furthermore, with the case worker not present in court, it may be difficult to challenge the report that is forwarded to the court. Also, attorney are usually given court reports before court but with these cases, reports may only be given to you after you arrive at court given the attorney no time to prepare.
Our team of tough, smart New Jersey custody lawyers know how to handle these difficult cases. We know how to both defend a custody case and a DYFS case. Thus, when the two are put together in these hybrid cases, we know how to fight for you. We will hold the entire system accountable so that DYFS and the other parent do not push you around. Call us now to discuss your case.
DYFS / DCPP OAL Appeals following receipt of substantiation letter
Most DYFS / DCPP cases are brought to court in the Superior Court of New Jersey in the county where the parents live. However, some cases do not proceed to court for a number of reasons. Nevertheless, DYFS / DCPP will still complete an investigation and provide you with a letter indicating their findings. If the letter says that the case is unfounded, this means that they did not find that abuse or neglect occurred.
However, the letter may indicate that the Division’s investigation determined that abuse or neglect is substantiated. It will then indicate who they believe abused or neglected the child. The letter will then indicate that:
“If you want to appeal this decision, you must contact the Administrative Review Officer within twenty (20) days of the date of this letter to request a Regional Dispositional Conference”.
If you don’t appeal this finding, it will remain on your record forever. You don’t need this following you around. Besides possibly impacting your employment, it may also cause further problems from DYFS or from the other parent if they seek to take action against your custody or parenting time rights. Too many people have done nothing only to find out years later that their failure to act has had a big impact on their rights.
The Office of Administrative Law or OAL court is a completely separate court facility than the superior court. The rules are also different. Your DYFS OAL lawyer will know how to handle this matter, but if you don’t hire a lawyer, you may never see the inside of a court room. That is because DYFS will likely file a motion for summary disposition against you. If successful, you’ll never see a judge. Thus, it is important to hire a lawyer right away. Waiting can cost you!
Once your court dates comes around, your case will proceed to a bench trial which is a trial without a jury. Testimony will be taken from a number of DYFS’ witnesses and you will also get to testify as well. Again, your DYFS OAL attorney will handle all of this for you.
Our team of tough, smart lawyers know how to handle DYFS OAL appeals. Our lawyers have handled some very tough cases including one case where our client was accused of molesting his child 100’s of times. Instead of seeing the case as impossible, out team of DYFS defense lawyers fought hard and we won the case! Thus, we back down to no one. Call us today and let us fight for you!
Most DYFS / DCPP cases do not start with DYFS removing your children and taking you right to court. Instead, many people get a knock on the door by a DYFS case worker. This is called an out of court DYFS case or a DYFS (DCPP) investigation. The case worker may want to look around the house, speak to the children, interview the parents and/or ask you to sign a number of forms. Before you know it, you have already made a number of admissions that could harm your case and you have signed a number of documents that could be used to gather evidence against you. Of course, ignoring DYFS is not going to just make everything go away. Thus, parents facing this situation are in a real catch 22. However, you do have rights when DYFS knocks on your door. The primary right you have is to hire a lawyer ASAP. That is why our lawyers are available 24 hours a day because DYFS is 24 hours a day. What many people don’t realize is that they are setting themselves up for the DYFS trap and by failing to take action immediately, they could wind up in court even if the case worker says its no big deal. Before you know it, you are locked into evaluations and treatment and months have gone by and DYFS will just not go away. Eventually, your children could wind up in foster care while you fight to get them back.
That’s why our team of tough, smart New Jersey DYFS lawyers will help you fight back! we will help you end the harassment! We have helped many clients quickly get DYFS out of their lives. You do not need to be pushed around. Even better is that you can hire a great team of DYFS attorneys without spending a lot of money because there is no court case yet. Lawyers bill based upon time spent on a case. Court cases, especially DYFS court cases, take a lot of time to handle. Since there is no court appearances, there is much less for the lawyer to do. As a result, you save money and you can still get great, quality representation. While we make a lot more money if your case goes to court, we are a busy law firm. We are no desperate for money and we cannot stand to see a great family go through the heartache of a DYFS court case when it could have been easily avoided if they would have called us early on. Countless numbers of clients have told us “I wish I would have called you sooner”. Don’t be that client.
For more information, check out our DYFS Investigations F.A.Q.