Non-Offending Parents Can Retain Custody Of Their Children In Child Abuse Cases
When the unthinkable happens—your child suffers harm at the hands of your partner—the instinct to protect and retain custody becomes paramount. But what happens when you, the non-offending parent, find yourself in a legal battle to keep your child or children safe? This blog post aims to guide accused individuals through the complex landscape of child abuse in cases where their partner has injured their child or children.
Our experienced child dependency attorneys can guide you through this legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our skilled child abuse attorneys near you.
What to Expect in Your Case – Welfare and Institutions Code Section 300
In situations like this, you (the non-offending parent) will be dealing with a WIC 300 case, and the social worker assigned to your case will want to know what steps you have taken to protect your child or children. The social worker will also want to know whether you had an idea that this sort of conduct (abuse, neglect, etc.) was occurring.
Understanding the Concept of a “Non-Offending Parent”
The term “non-offending parent” typically refers to the parent who did not inflict harm on the child but is still embroiled in the legal consequences of the abuse. In these situations, the non-offending parent may battle misconceptions and biases despite their innocence. The stakes are high, and understanding your role is the first step towards a successful fight for custody.
Non-offending parents often face emotional and psychological turmoil, compounded by the stress of legal proceedings. It’s crucial to remain steadfast and informed. Keep in mind that your primary focus must always be the well-being and safety of your child. This means not only protecting them from immediate harm but also ensuring they grow up in a stable, nurturing environment.
Being labeled a non-offending parent does not automatically exempt you from scrutiny. Courts will examine your actions, decisions, and overall capacity to provide a safe home for your child. Therefore, it’s essential to be proactive and well-prepared with competent legal counsel.
Case Study and Success Story: In re S.R.
A mother has four minor children: S.R. (daughter, born November 2005), Dominic R. (son, born June 2008), Brianna L. (daughter, born 2014), and Ethan L. (son, born 2015). In 2023, they resided with Brandon, the father of Brianna and Ethan, who was accused of repeatedly sexually assaulting S.R. (Daughter) and raising concerns about potential harm to Brianna. Consequently, in August 2023, the Riverside County Department of Public Social Services filed a dependency petition for all four children, alleging that they were at significant risk of serious physical harm. The juvenile court upheld the allegations against Brandon under the Welfare and Institutions Code, Section 300 subdivisions (b)(1), (c), and (d), while sustaining similar claims for Dominic and the other siblings under Section 300(b)(1) and Section 300(j). As a result, Dominic was removed from Mother’s custody, leading her to file an appeal.
The Court of Appeals reversed the decision and sent the case back for further consideration. According to Section 300(b)(1), a juvenile court can take control of a case if a child has been harmed or is at significant risk of serious injury due to a parent’s inability to properly supervise or protect them. In this instance, the court found that there was no proof that Dominic was at serious risk of physical harm as defined by Section 300(b)(1). Additionally, there was no indication that Mother’s failure to protect Daughter from Brandon’s sexual abuse posed any risk to Dominic’s safety. There was also no evidence to suggest that Brandon had sexually abused Dominic or harmed him in any way. Dominic stated that he felt safe living with his mother and Brandon. Therefore, the court determined that it was unreasonable to assume the mother’s inaction regarding Daughter’s situation indicated a risk of physical harm to Dominic, let alone a “substantial risk.”
The Role of Witness Testimonies in Court
Witness testimonies play a pivotal role in child abuse cases. Gather all relevant documents, including medical reports, police records, and any other tangible proof of the abuse. These documents can substantiate your claims and demonstrate the need for you to retain custody.
Witnesses can also provide critical support. Consider reaching out to friends, family members, teachers, or social workers who can testify to your parenting abilities and your care for your child or children. Their testimonies can offer an objective perspective, reinforcing your position in court.
Contact Wallin & Klarich Today
If your child or children were abused by your partner, then you need a child dependency legal expert who can provide tailored advice that aligns with your specific circumstances, helping you understand the nuances of your deposition as the non-offending parent. Our law firm, Wallin & Klarich, has over 40+ years of experience helping thousands of clients safeguard their rights.
We offer free consultations. Our legal fees are reasonable, and, in many cases, we offer a convenient payment plan. If you are looking for an experienced child abuse lawyer in their area, Wallin & Klarich is ready to assist with offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with one of our skilled child abuse lawyers.
