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My sister is facing potential child abuse charges for spanking her son.
Orlando, FL
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Posted 27 days ago in Child Abuse
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This is definitly is not a case of child abuse. What can she do? It seems that she has already been labeld as guilty; and is now receiving phone calls from a detective threating to pursue criminal charges. DCF is reveiwng the case and recommending parental classes. What can she do to ensure her son remains with her and prove child abuse dosent apply in her case?
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Answers (2)
Nanina Dekyi Takla
This attorney is licensed in New York and 2 other states.
Posted 25 days ago.
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Your sister is in a very difficult situation. Definitions of child abuse vary by state and I do not practice in Florida. However, people have different opinions about whether and when discipline rises to the level of child abuse. If her priority is keeping her son with her, your sister needs to keep in mind that what really matters here is what the DCF worker thinks is child abuse. Based on my experience representing parents in Pennsylvania, I recommend that your sister cooperate with DCF and take the parenting classes. DCF workers tend to be suspicious of parents, but they are also human and may react better if they are treated politely. Your sister should be polite but very careful about what she says to the DCF worker -- a careless remark may come back to haunt her later. If possible, she should speak to a family lawyer who is experienced with helping parents in this type of situation.
I don't have experience dealing with criminal charges of child abuse. All I can suggest about this is that your sister talk to a criminal lawyer about the possible criminal charges. 
Maurine Anna Thomas
This attorney is licensed in Florida.
Posted 3 days ago.
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She needs to cooperate with DCF, and if and when there is a shelter hearing she needs to hire an attorney immediately, or seek one appointed by the state. This is not something to be taken lightly and unfortunately there are time periods afforded to the state to make a determination during which time her son may be removed from her care. She also needs to be prepared to tell DCF, who is willing to take care of her son if he is sheltered so he is not placed in foster care.
Maurine Thomas, Esq 3000 Gulf to Bay Blvd Clearwater, FL 33756 727-844-7676 www.formydivorce.com |
