Southern California Family Law Blog

In many cases, a social worker will come to your home to ask you questions. The social worker may have received a report that your child was physically abused or molested by your spouse or significant other or by anyone living in your home with you. What you say to the social worker in response to hearing that information could lead to your custody of your child being taken away.

When you first hear such an allegation you may believe that the allegation must be false. You have never seen your child be abused by the “suspect”. You have known the “suspect” for years and the person has no history of doing such a thing.

Your first thought might be to tell the social worker that “this can’t be true” or “I don’t believe it” or “my child is making up a story”. In most cases saying any of these things to a social worker would be a major mistake on your part.

Social workers are trained to believe “children” when they make any allegation of abuse. The social worker’s job is to “protect the child”.  Even if you are not being directly accused of the abuse if you tell the social worker you do not believe the abuse in most cases that will lead to the social worker believing you cannot protect your child from further abuse. If the social worker believes that your child is “at-risk” of future abuse in your home because you cannot protect your child, he/she has the power to remove the child from your home.

The Social Worker Has Taken Your Child From Your Home, Now What?

If the social worker removes the child from your home they will confer with the lawyer representing the county where they work and it is very likely that a “petition” will be filed in the child dependency court. The “petition” will allege that someone abused your child and you “knew or should have known” the child was being abused. Further, it will likely allege that you do not believe the allegation and therefore, your child must be removed from your home and placed where the child can be safe.

Social Worker Child Dependency Wallin & Klarich Child Dependency Defense Attorney

These are very serious and difficult cases. Your case will be heard in the child dependency court in the county where your children live. You will need to confer with a lawyer immediately when such a situation arises. You should confer with an experienced child dependency lawyer before speaking to a social worker. Often a social worker will want to visit you as soon as possible. However, you do have the right to tell the social worker you want your lawyer to be present at the time of the meeting. When a social worker knows that a lawyer will be present at the meeting their tone and demeanor will often change as they will realize that they must comply with all laws and proper procedure when talking to you.

 

Wallin and Klarich has been defending parents facing the possible loss of custody of their child in California dependency courts for almost forty years. If you are facing such a case you should call us to discuss your case over the phone for free.

Contact Child Dependency Defense Attorneys at Wallin & Klarich Today

We offer a free phone consultation for your child dependency case. You need vital knowledge so can understand how much is at stake in your case. If you then wish to retain our office to represent you we will do all we can to help you obtain a successful outcome in your case.  With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles, and San Diego, you can find an experienced Wallin & Klarich child dependency attorney available near you no matter where you are located. Contact our offices today at (877) 4-NO-JAIL or (714) 587-4279 for a free, no-obligation phone consultation. We will be there when you call.

Wallin & Klarich Child Dependency Attorneys

10 Important Tips to Help You Decide Which Child Dependency Attorney to Hire

There are many reasons why the courts may find you or a loved one unfit to take care of your child. Unfortunately, our experienced child dependency attorneys have spoken to a large number of parents who do not know why a child dependency case has been started against them. It may be because there was suspicion of neglect and abuse or they may believe that your chi… Continue Reading.......

Changes in Domestic Violence Law Can Put You at Risk in California

By changing just a few words, California’s government has made it easier for domestic violence cases to find their way to court long after the alleged incident took place. The new law, SB 273, increases the length of the statute of limitations on domestic violence cases from three years to five years. Whether charged as a felony or misdemeanor, the prosecutiContinue Reading.......

A Police Officer’s Mistake Can Send You To Jail

Recently, we represented a young college student who came home to visit Southern California while on winter break from school. Learning she was in town, an ex-boyfriend asked her to dinner, hoping to bring a new spark to an old flame. The dinner did not go well. Our client rejected her ex’s advances and asked to be taken home. The ex-boyfriend eventually did, b… Continue Reading.......

Why You Should Have an Attorney File for a Domestic Violence Restraining Order

In California, if you are threatened or abused by someone with whom you have a close personal relationship, you can seek the help of the court in keeping that person away from you. The tool used to keep that person away from you is called a Domestic Violence Restraining Order (DVRO), and it can be a very effective way to separate yourself from the person who is dan… Continue Reading.......

Can a Domestic Battery Conviction Be Removed from My Record?

Having a conviction for domestic battery under Penal Code section 243(e)(1) can have a dramatic effect on your life. Even after you have paid your debt to society by finishing your sentence, you may still find that your life is more difficult than it was before your conviction. You may be denied housing, job and school opportunities, and professional licens… Continue Reading.......
Domestic Violence (2)

Domestic Violence Convictions Take Away Your Right to Bear Arms

The Second Amendment to the United States Constitution protects your right to keep and bear a firearm. However, under a new law that took effect on January 1, 2019, a conviction for domestic violence in California strips you of this right unless, under limited circumstances, you are pardoned or have your conviction expunged.

A Change to PC § 273.5 – Co

Continue Reading.......

New California Law Recognizes Pets as Family in Divorce

Divorce cases are often messy battles where bitterness and anger becomes a motivating force for the parties involved. Divorcing couples often find it difficult to maintain civility when child custody, spousal support and valued possessions are being split up. Determining custody of pets can be especially difficult because family law courts have treat… Continue Reading.......

How to Share a Residence While Divorce is Pending

Many couples who are getting divorced realize that moving out of the family home is not easy. That is why some divorcing couples choose to stay in the same home during the divorce process. However, this can be very difficult for all members of the family. If you plan to share a home with your soon-to-be ex-spouse, follow these tips.

Determine Financial Respons

Continue Reading.......