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I need to prove that the bruise on childs cheek was accidental and the only incident.

Boynton Beach, FL |
Filed under: Child abuse

They informed me today that DCF had the report made on Fri and that today they spoke to my child and wouldn't be allowing me to get her until the hearing. I have the support of my ex husband and his wife and a friend of mine as well as my current live in boyfriend (however allegations were made against him as well) ... would it help if they spoke or wrote in court? what are my rights and what actions should I take to prove these allegations are totally false.

my live in boyfriend was the witness and I do have a friend of the family to write a letter to submit in regaurds to these allegations. but I don't know HOW to prove it. My daughter had told the police the night before that indeed was an accident but I don't know what she told the case worker.. also should I bring people who could testify on my behalf who has witnessed me over the years? my daughter is 7 years of age so doubt she will be there. tomorrow is the "shelter" hearing? was hoping to resolve this tomorrow but seems unlikely? (( also in concerns to my witness his name was mentioned in allegations but It was brought to me tht there wasn't much concern so hopefully they debunk those allegations being he was present when the incident occurred. how long does it take to go to trial ?

Attorney Answers 3

Posted

Hire an attorney--that is what you should do.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

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Asker

Posted

unfortunately I am not able to afford one.. I was hoping to rely on the court appointed attorney ... would help case to tell the court the person who made allegations intrusted me with her own children on frequent occasions and find it questionable?

Posted

You need to speak to an attorney so that you can learn exactly what your rights are and help you prove that you didn't harm your child. You didn't explain how you can prove this, and you didn't say that you have any witnesses, but be sure that, before DCF brings a case against you, they will be certain they can prove you harmed your child. For instance, they'll have a doctor to testify that there is a fist print on the child's cheek or that you knew of the harm and didn't take your child to a doctor. They may have x-rays and other evidence. You may be entitled to have a lawyer appointed.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

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7 comments

Asker

Posted

my live in boyfriend was the witness and I do have a friend of the family to write a letter to submit in regaurds to these allegations. but I don't know HOW to prove it. My daughter had told the police the night before that indeed was an accident but I don't know what she told the case worker.

Brent Allan Rose

Brent Allan Rose

Posted

Bring your witnesses to court on trial day. Letters don't work. And you daughter is probably too young to be brought to court. It's against the rules to bring most kids to court.

Asker

Posted

should I bring people who could testify on my behalf who has witnessed me over the years? my daughter is 7 years of age so doubt she will be there. tomorrow is the "shelter" hearing? was hoping to resolve this tomorrow but seems unlikely? (( also in concerns to my witness his name was mentioned in allegations but It was brought to me tht there wasn't much concern so hopefully they debunk those allegations being he was present when the incident occurred. how long does it take to go to trial ?

Brent Allan Rose

Brent Allan Rose

Posted

You need witnesses who saw this very incident, not witnesses who can say you are a "great mother." The judge only cares about this injury. The shelter hearing is to decide if your daughter can be sent back to you pending trial, but that almost never happens. It can take weeks or months to get to trial.

Asker

Posted

would me getting a lawyer speed the process?

Asker

Posted

feel like my rights have been zero to none. they didn't even ask me wht happened only after they went to the school to talk to her did they come see me and check the house and flat out just told me based on what she said she was to be released to them and I had to go to court .... I don't see how that's an investigation

Asker

Posted

THANK you for ALLLL your help!! She will be returned to me before I even stepped into a court room !!! the justice system seems to be ok .. just hope its smooth sailing

Posted

The scope of your questions is outside of the purpose of this forum - you need to be getting in touch directly with a local attorney to discuss this matter more in depth.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a divorce and family law firm located in Orlando, Florida. Communication through Avvo does not create an attorney-client relationship. Please do not send any confidential information to our office until such time as an attorney-client relationship has been established.

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Posted

will they be able to answer these questions during consultation ?

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