Skip to main content

Can I appeal an open bogus DCFS case, called in out of anger by abusive boyfriend, that I know never put my daughter in danger?

Wood Dale, IL |

In abusive relationship,have 11 mo old girl. He has been arrested for DV,police called by neighbors several times. He'll do this in front of our daughter which scares her,had enough, planned to take me & daughter to DV shelter. Called & just waiting for a bed. Got in bad fight B4 then, wouldnt stop in front of her,left just to end it. Planned to get order of protection next day.We are both in recovery,have 3+yrs drug free, he has 6 mo.I began to drink to cope, only a couple X's/wk. Went to get bottle from car, couldn't find a small container to put in to sneak it in, found baby bottle in trunk, brought up, didnt drink from it, stored in empty spare freezer we barely use, He found &called DCFS said he almost fed to her, I know he lied, he was angry,was the day after I left, did 4 revenge

Attorney Answers 3


You need a lot of help. Get out of there and into the shelter ASAP. Have the shelter help you find a lawyer. DO NOT drink from ant contain whatsoever. ""Only a couple" is only a couple too many. You know that already. Go to AA. You will both lose your child if you do not straighten up. I repeat - Get out of there. Get out of that toxic relationship.You cannot appeal an open DCFS can. It is not bogus. Find a lawyer who is experienced in dealing with DCFS . You need one badly. Do not sign any plan or any other document with DCFS.

Mark as helpful

2 lawyers agree


You really need a lawyer to defend you in the DCFS case. You need yo stop lying to yooourself about the entire situation. Get help now before you loose your daughter.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

Mark as helpful

2 lawyers agree


An appeal does not sound like it has any chance of success. Aside from the issue of substance abuse by both you and your daughter's father, you have admitted to a history of domestic violence in front of the 11-month old. This in and of itself is enough evidence to support an "indicated" report (and probably a petition for adjudication of wardship) of child neglect based on an "environment injurious" to the welfare of the child. This is so regardless of who the aggressor is in your fights.

This answer is provided for informational purposes only and does not create an attorney-client relationship. Follow-up with a licensed attorney who regularly practices in this field is strongly recommended.

Mark as helpful

1 lawyer agrees

Child custody topics

Recommended articles about Child custody

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics