When dealing with child welfare, it’s important to remember that the system is in place to protect your child’s safety and well-being. At times, it may feel like it’s there to limit your parental rights, but if it’s determined that your child’s safety might be at risk, the system is in place to protect them. If it ever feels like the system has turned against you, it’s crucial to find an attorney skilled at defending your rights as a parent during litigation.

 

If a case is opened against you with the Department of Youth and Family Services (DYFS), you should seek the advice of an attorney who specializes in child welfare. While a simple consultation can be helpful, you will want to have an attorney represent you in court. If your financial situation makes hiring a personal attorney difficult, you can opt to use a court-appointed attorney. Often the court-appointed attorneys have high caseloads, resulting in them not having as much time to devote to your case as is needed. In this case, it’s recommended that you at least do a consultation with a child welfare attorney to get your questions answered and discuss your case strategy. Most times, these consultations are free or low-cost. The information learned during a consultation should be shared with your court-appointed counsel. 

 

It’s essential to remember the court cannot remove your child from you or terminate your parental rights without good cause. The Division of Child Protection and Permanency (DCP&P) must first investigate and gather evidence to present to the court. As a defendant, you will also be able to provide evidence and testimony as well. This may seem counterintuitive, but providing evidence and testimony allows the court to hear both sides of the story, so work on a strategy with your legal counsel to determine the best way to proceed.

 

Lastly, child welfare attorneys always recommend cooperating with the process when the requests are reasonable. For example, if DCP&P suggests you create a safety plan, it’s advised you comply. Working with the assigned caseworker as much as possible will only help your case. Complying with all court-ordered mandates such as counseling and evaluations shows the court you are willing to do what is needed to prove you are a good parent for your child. If you are advised to utilize certain services, speak with your attorney if you disagree.

 

It’s easy to become overwhelmed by the child welfare process if a case is brought against you, but knowing your rights will go a long way toward a positive outcome. Take the time to work with an attorney to fully understand how to remain an involved parent through this trying time.