Home > Research Legal Advice > Child Custody > My husband never went to jail or put charges on him at all now they are ...
Asked 9 months ago - Tampa, FL
Flagmy husband and he is not guiltyi been told if they never find anything on my husband dcf cannot charge me
DCF proceedings are civil, not criminal, and the standard of proof is preponderance of the evidence, that is more than 50 percent. In criminal cases the standard of proof is beyond a reasonable doubt. Just because criminal charges are not pursued, or even if someone is charged an aquitted, that does not mean that DCF cannot pursue a civil action for dependency or termination of parental rights. You need to consult with an attorney. DCF does not "charge you" with anything. DCF files a petition to find your children dependent, either allowing them to stay with you but demanding that you accept services (non-shelter petition) or removing them from your care (shelter petition) and giving you a case plan which you must complete, unless you prevail at trial, in order to get your children back.
Frequently when the child welfare people suspect that one parent is afraid to stop abuse from the other parent, or ignoring it or thinks the child deserves to be hit or slapped or whatever, the welfare people will step in and say that parent is "failing to protect" the child and remove the child from the home. This sounds like what's happening to you. You need a lawyer for sure because some of these cases are very weak or non-existent. If you don't have the money to hire a lawyer the court will appoint one for you. It doesn't matter that nobody was charged with a crime. That's different.
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