Dfacs took my two week old daughter when a medical doctor made some bogus accusations about where some rib fractures

Asked about 2 years ago - Atlanta, GA

she came through c section it was a very hard delivery...befor she check the medical records she called dfacs and police...she also told them she wanted me and the father put out of the hospital. we have the obgyn willing to send documents to prove the injury and also take the stand to prove injuries where not caused by me or the father. they sent my daughter home with bruses from needles and a yeast infection untreated.

Attorney answers (3)

  1. Jody Lynn Peskin

    Contributor Level 13


    Lawyer agrees

    Answered . I don't see a question unless you are asking if you can sue DFCS. IF that's the case, I'm not certain what you're saying. Apparently DFCS took your daughter absed on an allegation and after investigating returned your daughter with bruises, etc..? If you're looking for your rights and options, you probably should speak to a personal injury attorney on your child's behalf. Most of them work on a contingency basis and will speak with you for free.

    Good luck.

    This is not intended to be legal advice or create an attorney-client relationship. If more information is needed,... more
  2. Roberts Clay Milling II

    Contributor Level 2


    Lawyer agrees

    Answered . It is possible there could be a claim against DFACS and/or the medical doctor, depending upon the facts of your situation and the reasonableness of the actions taken by DFACS in response to allegations of abuse. We would need to know several pieces of information to evaluate the claim, including: was there a probable cause hearing; if so, what was the outcome; how long were you separated from your child; did DFACS continue to deprive you of custody of your child after learning of facts that explained the injuries? These are just a few of the questions at issue.

  3. Marc Edward Stewart

    Contributor Level 16

    Answered . Once a governmental agency gets involved on the child's behalf, your rights are limited. In most states, the agency enjoys broad immunity from legal action from a parent (even when the allegations of abuse are later deemed false). However, you may want legal guidance on what to do next to best achieve the return of your child. I'd recommend retaining a local family law attorney. Good luck.

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