1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Concerned about a closed dcfs case

Discussion in 'Child Abuse, Neglect & Porn' started by Nikki, Sep 18, 2019.

  1. Nikki

    Nikki Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    California
    2 years ago there was a case opened because my boyfriend and i got into a physical altercation. We separated for some time and recently have been working on our relationship. At the time the case was open, the judge ordered no contact with my child and him. We have not had any issues since, but the father does not like him. Can a case be reopened simply because he is in contact with my child or does an incident have to occur?
     
  2. justblue

    justblue Well-Known Member

    Messages:
    2,114
    Likes Received:
    924
    Trophy Points:
    113

    Can a case be reopened? Yes. Of course it can and it should be. YOU were given a court ORDER to keep your bf away from your child. Hopefully the childs father notifies CPS and an emergency motion for full custody and supervised visitation for you. Likely you will end up with supervised visitation because you are placing your child in harms way. Seriously...What are you thinking to have this man around your child?
     
  3. mightymoose

    mightymoose Moderator

    Messages:
    11,366
    Likes Received:
    1,966
    Trophy Points:
    113

    If the case was closed any order from it probably expired. If there was no court action that imposed a longer restraining order preventing contact then there are not likely any issues with having contact now. However, if there are new problems that cause involvement of social services again then the prior history will certainly come in to play.
     
    leslie82 likes this.
  4. Zigner

    Zigner Well-Known Member

    Messages:
    3,256
    Likes Received:
    1,738
    Trophy Points:
    113

    DCFS and the court are two separate entities. I wouldn't be so sure that the court order has expired. You need to find out if the no contact order is still in effect.
     
  5. shrinkmaster

    shrinkmaster Well-Known Member

    Messages:
    3,740
    Likes Received:
    294
    Trophy Points:
    83
    Regardless if there is an active order The Father can certainly contact CPS over concern for his child's safety. If this happens the request and or order to keep this man from your child could be reordered. You need to use extreme caution over your renewed relationship as it could cause problems with custody of your child
     
  6. Nikki

    Nikki Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    My child was not and is not in harm's way. I also was not detailed with the situation that caused that order. But, hey thanks.
     
  7. Nikki

    Nikki Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    It was an order by the DCFS judge and that case was closed.
     
  8. Zigner

    Zigner Well-Known Member

    Messages:
    3,256
    Likes Received:
    1,738
    Trophy Points:
    113

    DCFS doesn't have judges. You really don't understand what is going on. Talk to an attorney who can help you sort this out and explain things to you.
     
  9. justblue

    justblue Well-Known Member

    Messages:
    2,114
    Likes Received:
    924
    Trophy Points:
    113

    You are risking the custody of your child over a guy that beat you up. You are risking the safety of your child by having a man that has already proven he is violent around the child. Expect a visit from CPS. Expect a change of custody because you are picking your BF over the best interest of your child.
     
  10. Nikki

    Nikki Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    There is a children services court that has jurisdiction strictly over DCFS cases. Thanks for your input.
     
  11. Nikki

    Nikki Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Again, I didn't give any details of the situation. So, not sure how you came to the conclusion that i was beat up. You have made your "point".. Thanks. Enjoy your day
     
  12. justblue

    justblue Well-Known Member

    Messages:
    2,114
    Likes Received:
    924
    Trophy Points:
    113

    You are the one who said, in your 1st post, that there was physical altercation and the Judge ordered your BF to have no contact with your children. Perhaps you could define/clarify what that means so that I don't continue to misunderstand.
     
  13. Zigner

    Zigner Well-Known Member

    Messages:
    3,256
    Likes Received:
    1,738
    Trophy Points:
    113

    Right - there is a court that handles DCFS cases. They are two separate entities. DCFS doesn't have judges.
     
    justblue likes this.
  14. leslie82

    leslie82 Well-Known Member

    Messages:
    1,854
    Likes Received:
    267
    Trophy Points:
    83
    If there is still a court order that you are to have no contact with someone, then you follow it. But usually those things don't last two years unless you want it to.

    What happened when the case was closed? Did the no contact order get dropped? If so, then not much your child's father can do unless a new case is opened and a new contact order issued. How that would happen is anyone's guess.

    If there is not currently a no contact or protection order, your child's father can't do anything. If it is still in effect, you're in the wrong.
     
  15. Nikki

    Nikki Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    The entire case was closed and are no current orders in effect. I am only worried that her father will make a call and because of the previous order I am concerned it could be an issue. There are absolutely no current issues or safety concerns, I am only concerned because of the previous order.
     
  16. army judge

    army judge Super Moderator

    Messages:
    33,262
    Likes Received:
    5,320
    Trophy Points:
    113


    You are wise to be concerned.

    Why?

    The past is often prologue.
     
    Red Kayak likes this.
  17. mightymoose

    mightymoose Moderator

    Messages:
    11,366
    Likes Received:
    1,966
    Trophy Points:
    113

    You can't stop him from making a complaint. Most complaints are investigated and quickly closed as being unfounded.
     
  18. shrinkmaster

    shrinkmaster Well-Known Member

    Messages:
    3,740
    Likes Received:
    294
    Trophy Points:
    83
    NO ONE can really say what will happen as we are not privy to details nor should we be. The simple matter is if Dad feels there is a threat to his child/ren then he can file a complaint. He will certainly base it on what happened and caused previous action. At that point an investigation will likely take place. If CPS or whatever name they use can decide if it is safe for your child/ren to be around this person. What has changed? What provoked change? is there evidence of the change etc. If Dad is a decent Father he has every reason to be concerned based on past. Until you are confident this wont impact your custody case I would keep your new partner away from children to be safe.
     
  19. mightymoose

    mightymoose Moderator

    Messages:
    11,366
    Likes Received:
    1,966
    Trophy Points:
    113

    It is not the parent's burden to prove that a person is safe to be around their child. It is the state's burden to prove that a person is not safe. That can be a difficult task. Absent an existing court order it would definitely require a new set of circumstances regarding current conditions.

    It is not at all uncommon for one parent to try and control the other by making unfounded complaints about who their ex is currently dating. It usually has nothing at all to do with the child.

    I have often encouraged parents not to fear child welfare investigations as the bar that is set to remove children is actually fairly high, and often times the social workers can identify other helpful services that can be offered that the parent was not aware were available. Unfounded complaints become like the boy who cried wolf. Social services has a duty to investigate, but will quickly see the situation for what it is if a non custodial parent is just being difficult or jealous.

    Bottom line: do what you want. If you know your child is not at risk you have nothing to worry about. If social services comes to your door you do not have to allow them access to your child and you do not have to allow them in your home. You do not have to prove anything to them.
     
  20. leslie82

    leslie82 Well-Known Member

    Messages:
    1,854
    Likes Received:
    267
    Trophy Points:
    83
    If the entire case is closed and there is no order, then he can make a call but that might not result in anything. I honestly would just not worry about it because all you do is let him control you when you do. You know what's really going on so why worry? Like if my ex called the cops on me or social services or whatever, I'd just laugh because I know there's no risk to her.
     

Share This Page