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

Asked about 3 years ago - 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?

Attorney answers (2)

  1. Debra E Guston


    Contributor Level 8

    Answered . 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.

  2. Steven J. Fromm

    Contributor Level 20

    Answered . 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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