THE COURT CANNOT TAKE YOUR KIDS AWAY JUST BECAUSE YOU HAVE A CRIMINAL RECORD OR BECAUSE YOU HAVE GONE TO PRISON
A recent decision by the California Second District Court of Appeals held that the court cannot take your child away from you or deny you “reunification services” solely because you have a serious criminal record. The social workers must prove that you are a current “risk of harm” to your child.
In the recent case of DCFS vs. V.N the Department of Children Services asked the court to deny a father the right to see his seven-year-old child. They also asked the court to not allow the father services to allow him to reunify with his child. The sole basis for this request was that the father had a series of felony convictions that had meant he had spent many years in prison. The trial court agreed with the Department and refused the father’s contact with his child or reunification services. The father appealed through his lawyer.
The court of appeals reversed the ruling and said that the father’s prior criminal history did not prove that he was a current risk of harm to his child. The court found that none of the crimes involved any harm to minors. The court found that the father had served his time for these crimes. Thus the County could not deny him the right to reunify with his son.
This decision is an extremely important victory for parents who have had prior difficulty with the law and may have been to prison. The burden will be on the social workers to convince the court that you are a current “harm” or “risk” to your child in order to deny you the right to have custody or visitation rights with your child.
If you or a family member are facing a current battle with the Department of Children Services in any dependency court in Southern California, you should contact our office for legal guidance. We have been helping people fighting for their children in dependency court matters for over 40 years. We will be there when you call.
Contact Wallin & Klarich Today
If you feel that the courts are unreasonably denying you the right to custody or visitation with your child contact an experienced Wallin & Klarich dependency attorney today. We offer free phone consultation for your child dependency case. If you then wish to retain our office to represent you, we will use aggressive tactics 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.
