Parents Who Make Mistakes Can Improve and Regain Custody of Their Children in Dependency Court

When a parent does something that results in social workers knocking on their door, it often leads to their children being taken away by the state.

This mistake can be anything from spanking their child with a belt to getting into a fight with their significant other in front of their kids. If you end up facing the loss of your children in child dependency court, you may believe you will never regain custody of your children. In most cases, with the proper legal guidance, you can regain legal custody of your children.

The child dependency court is designed to protect children from abuse by their parents or legal guardians. If a petition is filed in the dependency court, the lawyer for the social workers (called the County Counsel) will file a petition asking the court to take legal custody from you. You have the right to have a lawyer fighting for you beginning prior to the first court hearing. The rules in the dependency court are very complicated and different from all other courts in California. The first thing you should do if a social worker has come to speak to you and your child or children is to consult with a law firm with extensive experience in handling child dependency cases.

Domestic Violence when children are present

This is one of the most common reasons children are taken from their parents. If the allegations are true and you did engage in some sort of altercation with your significant other with your children present, the social workers may come to your home and take your children. However, if a petition is filed against you, the burden is on the County Counsel to prove that it is true that domestic violence occurred with your children present. In addition, they must prove that your children are at “risk of harm” if they remain in your custody.

Your lawyer can work with you to determine what the true facts of the incident are and if the allegations are false can work to convince the court that the case should be dismissed.

If the domestic violence incident took place, your lawyer can work with you so you can begin counseling, anger management, or parenting classes to show to the court that this may have been an “isolated incident” and that you and your partner will not repeat this behavior.

The bottom line is that nobody is perfect. Parents make mistakes every day while they try to do their best to raise their children in a loving home. However, in most cases, if you follow the advice of an experienced child dependency lawyer your children can be returned to you. The child dependency court is a scary place. If you find yourself involved in such a case, contact our office immediately.

Contact an Experienced Wallin & Klarich Child Dependency Attorney Today

Wallin and Klarich has been helping parents fight to regain custody of their children in child dependency courts in Southern California for over 40 years. Call us now if you would like to discuss your case over the telephone for a free consultation. We are available to help you now.  

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles, and San Diego, you can find an experienced Wallin & Klarich attorney to help you no matter where you are located. 

Call our law firm at (877) 4-NO-JAIL or (714) 587-5954 for a free phone consultation. We will be there when you call.