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Devan J Theiler

Devan Theiler’s Answers

5 total

  • If I reject any more interviews with Child Protective Services what will happen can Thay take my kids

    they been to my house they been to my kids school and now they want me to take the drug test if I refuse interview can They take my kids

    Devan’s Answer

    As long as litigation has yet to be filed, they cannot compel you to cooperate with them. However, your refusal might be just the push they need to make the move to litigation rather than to continue with investigation and services only. It is critical that you speak with an experienced DCPP attorney to discuss the details of your case before deciding how to proceed.

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  • Dcpp won't allow me to have temporary custody of my niece and neph. Due to a 9 year old dyfus case I thought was emplunged in 3y

    Can dcpp use a 9 year old case against you from getting custody of family members. They are so corrupt!!!!

    Devan’s Answer

    Unfortunately, yes, they can try. It's important that you get an experienced DCPP attorney to fight for your rights.

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  • What if the def. does not sign the initial papers that are served - just to "get even"? What happens to my complaint?

    I am using DivorceWriter and I have a feeling that my husband is going to try and avoid the WHOLE situation by not answering the complaint.

    Devan’s Answer

    If your Complaint has been filed with the Court, and you have properly served the Defendant (with the Complaint, summons and accompanying paperwork), and have proof of the same, it is up to the Defendant to decide whether or not he is going to answer within the allotted time frame. If he does not file an Answer within the permitted time, you can ask the Court to default him. As long as you follow the default and related procedures correctly, you will be granted the divorce whether he ever answers or not.

    LEGAL DISCLAIMER. Ms. Theiler is licensed to practice law in NJ and is the managing partner of her firm, Theiler & Mourtos LLC in Marlton, NJ. Her response here is not legal advice and does not create an attorney/ client relationship. The above response is intended as general legal education only. Additional facts unknown to Ms. Theiler at the time of response may significantly change her response if they were known. Every case is different. Ms. Theiler strongly advises the person posing the question, and those referring to the same, to contact a licensed attorney in their own state to acquire more information about this issue.

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  • Do I need a lawyer to legally take my kids out of state?

    I want to leave my current fiance, but hes the father of all 3 children I have? I don't want to deal with the crap of loosing my house or car or anything else because of him and his habbits.

    Devan’s Answer

    As the other answer indicated, you will need either a Court Order or agreement from your fiancee before removing the children from the State of New Jersey. More specifically, I would caution you to make sure that you get WRITTEN consent from the father (not just verbal). That way, if it was ever challenged in Court, you could produce evidence of his consent. If you cannot obtain his consent, I would recommend that you seek the advice and assistance of counsel in trying to obtain a Court Order to relocate. The attorney you select will inform you that Baures v. Lewis is the case that sets forth the steps the Court will go through, and factors it will consider, in deciding whether or not to grant your request to relocate.

    LEGAL DISCLAIMER. Ms. Theiler is licensed to practice law in NJ and is the managing partner of her firm, Theiler & Mourtos LLC. Her response here is not legal advice and does not create an attorney/ client relationship. The above response is intended as general legal education only. Additional facts unknown to Ms. Theiler at the time of response may significantly change her response if they were known. Every case is different. Ms. Theiler strongly advises the person posing the question, and those referring to the same, to contact a licensed attorney in their own state to acquire more information about this issue.

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  • Part three of family screwed by system

    of taking my kids and saying I wasn't cooperating with them. Please, they had no grounds, which I stood up and said flat out that I refuse and that they had no right. They sent a worker out almost every week if not more, to the point where I felt ...

    Devan’s Answer

    In order to best address your question, and provide guidance as to the handling of your matter, it will be critical to have additional information. I recommend that you meet with an attorney to discuss these issues. The information you should have available in order to aide that attorney includes the docket number, any correspondence from DYFS, any court pleadings, etc. It will be particularly important to know the following three things: Has DYFS formally substantiated abuse and/or neglect? Has a factfinding hearing occured? Does DYFS claim that they intend to reunify you with the children at some point or are they moving for terminal of parental rights?

    LEGAL DISCLAIMER. Ms. Theiler is licensed to practice law in NJ and is the managing partner of her firm, Theiler & Mourtos LLC. Her response here is not legal advice and does not create an attorney/ client relationship. The above response is intended as general legal education only. Additional facts unknown to Ms. Theiler at the time of response may significantly change her response if they were known. Every case is different. Ms. Theiler strongly advises the person posing the question, and those referring to the same, to contact a licensed attorney in their own state to acquire more information about this issue.

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