Ocean County DCP&P Defense Lawyers
Local DYFS Attorneys Near Me in Toms River, New Jersey
The DCP&P defense attorneys at the Tormey Law Firm recently helped a mother get more time with her children and have her court case terminated from litigation. Our client was struggling with mental health issues that unfortunately were exacerbated by many stressors in her life. The Division initially was simply monitoring the family and providing services, but eventually the circumstances proved too difficult and our client requested that DCP&P take the children on a temporary basis. This resulted in the Division filing a complaint for care and supervision which effectively gave custody to the father and permitted only two hours of supervised visitation per week. Over the course of the next few months, our client persevered and complied with many different service providers and she got back on her feet and maintained her stability. Then, when the matter was in court DCP&P wanted to close the litigation but continue the supervision requirements. Fortunately for our client, we were able to utilize our client’s treatment collaterals and evaluations to demonstrate that our client should have unsupervised parenting time. Ultimately, the matter was dismissed from litigation with our client sharing legal custody and having nine hours of unsupervised parenting time per week.
Pursuant to N.J.S.A. 30:4C-12, whenever it shall appear that the parent or parents, guardian, or person having custody and control of any child within this State is unfit to be entrusted with the care and education of such child, or shall fail to provide such child with proper protection, maintenance and education, or shall fail to ensure the health and safety of the child, or is endangering the welfare of such child, a written or oral complaint may be filed for the care and supervision of the child to ensure the health and safety of the child. In such cases, a Verified Complaint for Care and Supervision may be filed by DCP&P in the Family Part of the Chancery Division of the Superior Court in the county where the child resides for an order making the child a ward of the court and placing the child under the care and supervision or custody of the Division.
As part of a care and supervision order, the court can restrict a parent’s access to their children and require that all visitation be supervised. In our client’s case, she went from having only two hours of supervised visitation to nine hours per week of unsupervised parenting time, more than quadrupling her time with her children.
Need Help with DCP&P in Ocean County NJ? Contact us today
If you are dealing with DCP&P and they are restricting your access to your children by requiring supervised visitation, the DYFS defense lawyers at the Tormey Law Firm can help. Whether your matter is being handled in court or has not yet been brought to court, our team of child abuse and neglect defense attorneys knows how to help you with the situation and fight for your rights. Contact our offices now for a free initial consultation at (908)-356-6900.