There are several reasons why children are removed from their homes. Below is a list of them.

Over the years since my divorce, and dealing with a constant barrage of parental alienation tactics from my ex-wife in her attempt to alienate my daughter from me, I have taken note of the amount of violence one parent can use against the other in custody disputes. [...]]]> By James Ray Edwards

Over the years since my divorce, and dealing with a constant barrage of parental alienation tactics from my ex-wife in her attempt to alienate my daughter from me, I have taken note of the amount of violence one parent can use against the other in custody disputes. I associate this newfound awareness with being a divorced father and admit that when I was single and childless I never took much notice. I have also noticed that this violence often ends in the death of one parent or the arrest of the other. Just recently, CNN reported that a “Scott Dekraai of Hunting Beach, California, was arrested and charged with eight counts of murder, which included his ex-wife with whom he has been involved in a custody battle over their eight-year-old son.” While I understand frustration with the system, and how easy it is to manipulate, I do not understand leaving a child or children parent-less, or the senseless murder of another human being.

No doubt, divorce is a war, especially when children are involved. You need to have a strategy to win, and you need to command as a general would, because you are likely to find yourself defending against unfounded accusations at a cost of thousands of dollars. I certainly do not recommend leaving everything in the hands of an attorney, to whom you are just one among dozens of clients. However, your armaments are not bullets or bombs. They are documentation, documentation, and documentation. Your assets are forensic investigators and forensic psychologists. A forensic investigator is much like a private child services investigator and his or her report carries a lot of weight with the court. A forensic investigation is also referred to as a social study evaluation. Forensic psychologists are quite aware of the number of false accusations that run through the system and may be one of your best tools for counteracting accusations with non-biased findings. Their reports also carry a lot of weight in family court. This documentation exists not only for the court, but also for your children. One thing is inevitable – children grow up. While it is easy for a parent to poison the mind of a child, the child who becomes an adult and is provided with documentation will see the truth, and “the truth will set you free.” Your children need to understand what you endured financially and emotionally, and that you did fight for them. The ultimate goal of the hostile parent is to isolate you from your children and, unfortunately, he or she may achieve this simply because the accused parent runs out of money for the fight. Wars cost money. There is a Sun Tzu – The Art of War, saying, “No nation prospers from a prolonged war.” I do not really agree with this; it depends on what you value. I certainly value my daughter more than I do money in the bank; however, I do understand that fighting for your child’s right to both parents is costly and sometimes you simply run out of money. Over the past six years, I have spent a life’s savings fighting for my daughter, and her mother’s accusations never seem to end.

I have also endured several periods of denied visitation with my daughter based on accusations made by my ex-wife. One thing I know is true – my ex-wife, like many others, is an expert at manipulating the system and the system never punishes her for making false accusations. It is extremely frustrating when the investigator from Child Protective Services (CPS) says to you, “I know your ex-wife is lying but there is nothing I can do.” However, the system needs to be a system that places the protection of the child first and, because of this, the system is easily manipulated. The problem lies in the jurisdiction of the family courts to prosecute against “misinformation to the court” or “perjury.” It is the responsibility of the district attorney’s office (DA) to prosecute misinformation or perjury; however, if DAs were to prosecute every lie told in family court, they would have no time or resources to prosecute other crimes. Family court judges can hold the litigant on contempt-of-court charges, but are hesitant to do so. You actually have a better chance against the attorney who represented the misinformation, or lies, by filing a complaint with the attorney’s professional ethics board. However, attorneys often advise clients to keep such accusations vague. Listing specific accusations risks the involvement of CPS – something attorneys do not want, especially if they know the accusations are false.

I believe a child has the right to both parents; however, enforcing this right is, for the most, left to the parent who is being denied visitation rights. It is a hard thing to lose a child, and only parents who have gone through it understand what it is like. As you become financially and emotionally drained, you ride a pendulum between anger and depression. Your thoughts may also swing from suicide to homicide, but you must stay focused on what is important – your child and your child’s right to both parents. Remember, you are in a war and the need to stay physically fit is important, so exercise daily. The endorphins released will counteract the depression. And, although it may be expensive, request a court-ordered psychological evaluation of you and your child or arrange for an independent evaluation; do the same for the other parent. In my case, the evaluation was ordered by the court at the request of the mother, most likely on the advice of her attorney, and “no” there was no documentation (i.e., police reports, CPS reports) that warranted the need for the evaluation, but it turned out to be one of the best things I have ever done. The evaluation found that the only thing wrong with my daughter was “she favors the father” and recommended “no limitations set on this father.” The mother declined to be evaluated.

In addition to a psychological evaluation, you should either request a court-ordered forensic investigation (also referred to as a social study evaluation) or have an independent investigation conducted. A forensic investigation is expensive as well, but if the findings contradict the accusations, a judge with any sense will favor the findings of the investigation. The social study evaluation may include a psychological evaluation. However, this may not be enough. False allegations are effective because they are so costly to defend. You may simply run out of money, in which case you need to document, document, and document your actions. Keep a journal, start a blog, or write a self-published book for your child. Remember, one day your child will become an adult who wants answers. Have those answers ready.

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Children in schools and tuition institutes are always subject to abuse, whether verbal or physical. In fact, the practice of child abuse has become so common that it is spoiling their cuddliness. At times, it is the senior children that keep on passing comments on the juniors or [...]]]> By Robert Harnick

Children in schools and tuition institutes are always subject to abuse, whether verbal or physical. In fact, the practice of child abuse has become so common that it is spoiling their cuddliness. At times, it is the senior children that keep on passing comments on the juniors or try to beat them in order to maintain the seniority. No matter, what type of abuse has happened with the child; it is the child abuse lawyer that is meant to take the victim’s relatives or parents out of problematic situation and get the best results for them. They work towards getting maximum suitable compensation to their client from the one that has abused the child or beaten badly.

Child abuse is marked as any physical, psychosomatic, or sexual harassment of a child of any kind. The problem is increasing day by day and statistics has also proved that most child abuse that happens with children at school time slot. Apart from schools, these incidents may also take place in an individual’s home. In that case, the abuser can be any person ranging from the baby’s caretaker to the siblings or even the parents of the child. At this point of time, lawyer seems like a rescue ranger that has come to save the child from problems.

To fight against the problematic situation of child abuse and to get the fair justice, a lawyer would take into consideration all aspects of the issue. After this, they gather proofs that will help them in presenting the case well. Along with this, they also work hard to get the maximum compensation to their clients; so that the recovery of child abuse is made properly. After all, it becomes the right of the victim to claim a suitable amount for damages done to him, whether it is psychologically of physically. Indeed, the child abuse lawyer needs to work on each and every minute detail to find the truth behind the case that has been filed. These details might also include the physical tests of the victim to be carried out in the hospital or at some clinic.

With a child that is being physically or mentally or emotionally tortured, it can be tough to tell the entire scene that he might have undergone as this is the time when the child is under fear and slightly unstable because of abuse. Explaining child abuse through a child’s behavior is one of the toughest things to bring out because there will be a lot of dappled activity from whoever the abuser might be. The abuser may also do his best to prevent the victim from speaking truth. There are various evidences that might be an excellent way to help a child abuse lawyer to comprehend what type of situation that the child is involved in. For certain children that are being abused, it can be a difficult way to find out unerringly what might be happening at the back of the closed doors.

Child abuse lawyer helps the victim to gain maximum compensation against misdeed happened with him. For this purpose, he needs to eye on every minute detail to get his client the maximum benefit.

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If the Department Of Child And Family Services (DCFS) could have one wish granted, it would be that they would never again have to investigate a case of child abuse or neglect.

This is unfortunately an unrealistic desire; and making it even more unfortunate is the [...]]]> By Monica Fenster

If the Department Of Child And Family Services (DCFS) could have one wish granted, it would be that they would never again have to investigate a case of child abuse or neglect.

This is unfortunately an unrealistic desire; and making it even more unfortunate is the fact that this department of the government is so inundated with investigation requests to help stop child abuse that it often takes a longer time than not to get to the bottom of the issue. And with over 100,000 child abuse cases brought to the department on a yearly basis, it is no wonder that time is of the essence when it comes to providing families with the relief they seek.

Signs of child abuse are fairly overt when an adolescent is sporting bruises, black eyes, broken bones, or other types of scars related to being physically assaulted by an individual over the age of eighteen.

But, recognizing the signs of child neglect are often not as easy to spot, much of the time because any outsiders to the situation don’t know exactly what types of adult behaviors fall into the “neglect” category.

Child neglect transpires when the adult who is responsible for a minor child denies him or her adequate food, water, shelter, clothing, and appropriate supervision during everyday activities. A prime example that often causes neighbors or others close in proximity to participate in reporting child neglect is when a child is found outside playing in or around the street without a parent or other guardian to watch over his games while ensuring his safety at the same time.

Is there a guideline to understanding child abuse and neglect that determines whether to initiate a claim with the Department Of Child And Family Services?

The answer is “yes.”

Said guideline states that if the person reporting child abuse and neglect has actually seen an injurious act committed towards a child (such as the child being hit with a foreign object by an adult), or heard about it from the child that he has been harmed by a grown up in some way, then a call to the DCFS offices is warranted by the witness.

Then there are those events that most would believe qualify for a report to DCFS when in reality another government agency would be better suited to handle the problem on behalf of the minor children.

An example of such an issue is as follows: a child may live in a household where he has to listen to his parents argue nonstop, an event which causes him undue stress. Another adult may also hear the intense fighting, especially in an apartment situation where two homes often share common walls. And although the secondary adult may feel that the stress of the child justifies a call to DCFS to file a report, the instance of two parents yelling at one another does not define an act of emotional child abuse towards the youngster. Hence, the details of this event would be better shared with a community service organization such as one that provides counseling to the affected parties.

When a call does come in to its offices, what are the details of the process carried out by DCFS to investigate a reported allegation?

An intake specialist who answers the call has his pen in hand, ready to log all the information on the concerns the reporting party has about the minor children who are at the center of the matter.

The particulars discussed during such a conversation include what the person has witnessed that created the need to make the call in the first place – and it is from this information that the case worker then makes the educated decision about whether or not it is necessary to continue to the next step in the procedure.

If the given information is about something serious such as a food-starved child or the observance of the child being hit (and on more than one occasion), an investigator will be put on the case in twenty-four hours, and sometimes in even less time if the situation is serious enough to require it.

And if the intake specialist decides that there is not enough information to open an investigation, the person making the call can still get any of his or her questions answered regarding what was observed or what to do if a similar event is witnessed in the future.

Those individuals who do opt to speak with a case worker at DCFS can rest assured that their names will be kept confidential, and that the family in question will never know at any time thereon who it was that initiated the impending investigation. However there is one exception to this rule – if the reported case ever winds up at court in front of a judge, that judge may ask to speak with the person who got the ball rolling in order to gather additional information or confirm already established facts.

The Department of Child And Family Services takes on cases involving child assault or other types of abuse, but what else does this organization do on a daily basis to help families and their youngsters get along in the world?

Placing foster children in good homes with loving families is one of the highest priority items on the task list of services. In addition, adoptions are arranged for children who are in need of a nurturing place to lay down roots.

Whether it is a parent, teacher, baby-sitter, or other adult who is creating an abusive situation for a child, DCFS is on the case and out to provide relief once an issue has been documented.

Sometimes all it takes to get through the divorce process is to know that there is a person who is on your side to help you from start to finish – a person who can answer your questions and even guide you when it comes to filing your marital dissolution documents with the local family law court.

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In every child custody case today, participants should know that the outcome of the case will be based on the “best interests of the child.” It would seem that this is a very easy to understand directive. In a child custody case, it should not be surprising [...]]]> By Harriet M Adams

In every child custody case today, participants should know that the outcome of the case will be based on the “best interests of the child.” It would seem that this is a very easy to understand directive. In a child custody case, it should not be surprising that the welfare of the child or children should be foremost in the minds of all concerned.

But is this always the case? What does the term really mean? And how is it possible that it can apply to every situation? Is there a standard somewhere by which this phrase may be measured?

The answer may be found if one is able to empathize with and comprehend what it can mean for a child when his or her family is broken up. Enormous changes will occur and continue to occur in that child’s life and will be most evident in his or her relationships with parents and other family members. The child is usually not yet mature enough to be able to work through his or her emotions and these changes can wreak havoc on not only the emotional development, but on the mental and physical development of the child as well.

Is it no wonder then, that all discussions and resultant decisions occurring in a custody suit must be made with the ultimate goal of securing the “best interests of the child” and that being the securing of the healthy emotional development, as well as the mental and physical development of that child.

Parents embroiled in a custody battle may be unable to separate out their own needs from those of their children. To promote decisions that will have a positive effect on the children’s lives, all concerned must focus on the needs of the children above all else. These needs could involve keeping a close relationship with both parents even though this can be very difficult in some situations.

If one or both parents are not physically and mentally healthy or are known to inflict emotional or sexual abuse on their children, the needs of the children may be best served with another relative or close friend. In some cases, a child may be allowed to voice a preference for one or the other parent or for another custodian. The testimony of a child is, of course, dependent upon the age of the child and the state where the case is being heard. A lawyer may be appointed who can be the voice of the child in the court. This is done to protect the child from the stress and tension which are most likely to be found within the courthouse.

Because of the enormous changes a child may face, one of the factors in determining the “best interests of the child” may be the degree of adjustment the child can tolerate if removed from his or her community and school. In some cases, it can be very important to enable a child to maintain residence in the stable home of the parent who is closest to the environment in which the child has been living. Other possible factors can include the relationship with and support from the extended family of either parent, as well as possible religious considerations.

A child custody battle will, of course, eventually result in some kind of an outcome. It is up to everyone involved to insure that the children do not become the victims of that outcome. Every child deserves the right to have a healthy and sound relationship with each parent. When the “best interests of the child” is the ruling factor in every decision concerning custody, the children can be given the chance to grow into healthy adults, both emotionally and psychologically. In addition, if a child is given the chance to benefit from a strong and healthy relationship with each parent, then a very important “best interest of the child” may be well served.

If you are going through child custody proceedings, make sure to put your children first.

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It was the law that helped us in evolving [...]]]>

Any physical and psychological abuse or gross neglect [...]]]> Criminal charges, whether misdemeanors or felonies, come with the risk of conviction, and associated penalties. However, if the charges include abuse and neglect of children, the laws provide stricter penalties for the offender. You need a legal practitioner if there is such a charge against you immediately.

Any physical and psychological abuse or gross neglect of a child is a serious offense in the eyes of the law. The legal statutes are applicable on the parents of the child or any individual in the role of a caregiver. This would include legal guardians, family members, foster parents, baby-sitters, and teachers.

The law also makes it the duty of certain individuals to report such incidents of abuse. Teachers, physicians, healthcare professionals, and such others fall within the scope of this law. If you are facing child abuse and neglect charges, chances are the law enforcement are working on a report from an individual.

The common defense in such a case is outright negating the charge – where you claim you did not do anything of that sort. If your criminal attorney is capable of investigating the matter, accumulate adequate evidence, get witnesses, and argue properly, it may be possible to establish this defense and raise a reasonable doubt with regard to your guilt.

This defense also helps to penalize any individual who falsely reports against you. It is a felony of the third degree to report falsely about something of such a serious nature. If proved, this may lead to jail term and fines for the individual. Proving it as a false allegation also helps your defense.

If the child’s injuries were due to some other reason than abuse or neglect, this could also work as your defense. Suppose your child suffers injuries falling off a slide. If it was just an accident, the law may not regard you as an offender. If you were not paying attention to the child and this led to injuries, however, this strategy may not work.

Another possible defense is to claim that you were trying to discipline the child. If it just a bruise or a scolding that forms the basis of the complaint, this may be acceptable. However, if it is of a serious nature, and the child needs medical care for it, this defense would not hold ground.

Whatever the situation, if it is a mistake or misunderstanding on the law enforcement officers’ part to arrest you for child abuse or neglect, you need to get legal help immediately. Without a criminal defense attorney, it is difficult to prove your point, especially because judges/jury is sure to see you in a bad light from the very beginning.

Author: Dave Watson

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