September 27, 2013 By Paul Wallin

When your children have been taken from you, it is because social workers believe that you have done something bad to them. Social workers will then want to prove their case in court. They will want to interview you about the facts of the case. In almost all cases, they will not record the interview.

What this means is that no matter what you really told the social worker, the report that the social worker prepares will be what they claim you said. More importantly, anything you told the social worker can be used against you in the child dependency case. The best possible advice — after you answer the basic questions as to your name, address and similar questions — is to tell the social worker you want your lawyer present before answering more questions. This way the truth can come out in court instead of through a biased social workers report.

Social Workers Who Take Your Children are Not Your Friends

social workers
Social workers can interview your child without your consent if a police officer who suspects a crime is taking place is present. It is important to have a family law attorney present when talking to law enforcement.

Social workers who take your children are not your friends. In most cases, they believe you are not a “fit parent.” Why would you want to sit down and consent to an interview with a person who is trying to prove you should not have your children in your custody?

If your child has not been taken from you but a social worker is at your door, it is highly likely that you are suspected of some form of child abuse. You do not have to consent to an interview without your lawyer present. You do not have to let them in your home without a warrant. However, cops and social workers do not need a warrant to interview your child without you being present. Refusal to allow the child to be interviewed will be considered obstruction of justice. Absent a court order, social workers need an officer with them to interview the child, and the officer has to actually suspect some child abuse or crime where an interview of the child is necessary.

You can have your children taken from you even when you did nothing to harm them. For instance, one of our recent clients dated and had a baby with a man who was unlawfully selling drugs, unbeknownst to her. Our client was a graduate student with a bright future. One day, she opened her front door to federal agents who ended up raiding her home and detaining her and her child. The father of the child was put in prison and she was questioned by federal agents and a social worker. Although she answered all questions, her baby was taken from her, placed in foster care, and she was accused of failing to protect her child. We had to fight for months to get her child back in her custody.

Speak to a Child Dependency Attorney at Wallin & Klarich Today

If you fear that a social worker might take your children, you need to contact a Southern California family law attorney at Wallin & Klarich immediately. For over 30 years, Wallin & Klarich has successfully helped clients keep or get back the custody of their children in Southern California. You are not alone.

Call us now at (877) 749-7428. We will get through this together.

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