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Can dyfs legally do this? is this also biased intimidation?

Elmer, NJ |

My daughter was removed from my home because of my wife's negligence (shes a stay at home mom, i work 12 hr days). My daughter has been temporarily placed with my aunt which was decided by dyfs, but my aunt has not yet completed her PRIDE — Parent Resources for Information, Development and Education training she needs to have to become a licensed resource parent. I think my aunt and my dfys case worker have had a friendship before my daughter was removed, and i have no doubt they are trying to work against me. Can my aunt have legal custody of my daughter before her training is complete and is it bias intimidation when they work together so my aunt can keep custody and try to have my rights taken from me?

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Attorney answers 2

Posted

It does not sound like bias and intimidation based on the facts you present. Anyway all this is speculation. If you want to fight to keep your daughter you need to immediately retain a guardianship lawyer who regularly handles these matters. Anything less than that is a waste of time.

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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Posted

This does not sound like a bias case, what it does sound like is a situation where you and your wife need to work quickly and cooperatively with DYFS to determine what they will require you to do to get your child back. Your aunt does not have legal custody of your daughter, DYFS does and that is the way it will remain until you and your wife have completed whatever remedial classes, counseling and other work DYFS may ask you to do. You should call your county bar association's referral service to seek a referral to an attorney experienced in working with these matters. If you cannot afford an attorney, when the matter next comes before the court, you will have an opportunity to apply for a court-appointed attorney.

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