As you can read from our previous posting, DCF has taken our five month old baby based purely on hearsay. Our court date is on December 4th. It is the hearing to decide if a trial is necessary. Any attorney that knows the law can have this case thrown out with the most a 6 month at-home supervision. Please, someone, my baby isn't looking good. He dunks, his nails are long, his bottle smells disgusting, his eyes are puffy, and it seems as if his soul has been sucked out of him. If anything, maybe someone has some insight on judge Peacock that could help prepare us. Thank you and God bless..
Most lawyers who answer Child Abuse questions here are not afraid to stand up to DCF. That is what we do in our practices. What many attorneys are afraid of though are clients who think they know that "Any attorney that knows the law can have this case thrown out with the most a 6 month at-home supervision." It is NEVER that easy.
Just because the foster family is not taking good care of the baby does not mean that an attorney can convince the court to return the baby to his parents.
If the hearsay is credible, it gives DCF the right to take the child. If the court was convinced by DCF's evidence at the shelter hearing (or whatever Florida calls it) and wasn't convinced by your evidence or arguments, it will take more than just saying that the initial allegations were purely hearsay to have the judge reverse his/her decision.
What a "hearing to decide if a trial is necessary" usually means in these cases is something along the lines of:
Is DCF ready or about to be ready to return the child to the parents
If not, is there an agreement about what needs to be done within the next few months for the parents to be made ready to have DCF give them their child back
or is there an agreement about an alternative permanent placement for the child
or if DCF is convinced that it cannot return the child to the parents in the foreseeable future and there is no agreement on anything, then the case goes to trial.
Eight business days, with Thanksgiving in the middle, is quite a short time within which to expect an attorney to get familiar with your case and prepare for an important hearing. The person with the most insight into the judge's handling of your case will be the attorney who has been representing you and practices regularly in that court.
If you really want someone to take over the case as opposed to answering a specific question or two, as this forum is intended, you should use the Find a Lawyer function here on avvo.com or a local lawyer referral service to find a dependency attorney in Tampa.
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There are no immediate answers to problems like this on the internet, what you need to do is hire a private attorney to represent you in this matter. There are many who are not afraid to stand up to DCF, right in your area. You can use the find a lawyer tab above to locate a few and set up consultations.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
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