Court Proceedings in DCP&P Cases NJ
Elizabeth DYFS Defense Lawyers Near Me NJ
The Division of Child Protection and Permanency can take parents to Court for many reasons. If the Division file any kind of complaint against you, it is important to consult with a seasoned DCP&P defense lawyer who knows how to protect your rights. Generally, there are two types of cases brought by the Division: Protective Services litigation and Guardianship litigation. Protective Services litigation focuses on ensuring that your child is safe, whether in your custody or not. Guardianship litigation regards the termination of your parental rights so that your child can be adopted.
Don’t let child abuse allegations ruin your life, contact the DYFS defense lawyers at the Tormey Law Firm LLC for immediate assistance. Our lawyers know that anyone can report anything to DYFS without any basis or proof and that report must be investigated. As a result, it is imperative that you hire an experienced DCP&P attorney who knows how the system works and knows how to protect your interests, your rights, and your family. Brent DiMarco, a member of our DYFS defense team, has literally handled hundreds of child abuse and neglect allegations and investigations in his career. Moreover, the managing parter of the Tormey Law Firm LLC, Travis J. Tormey, was recently recognized as one of the top 10 criminal defense attorneys in the State of NJ by the American Jurist Institute and he has received the clients choice award from AVVO.com for four straight years. Protect your interests and your rights, contact the Tormey Law Firm today at (908)-356-6900. We represent clients throughout Union County NJ including in Union Twp., Linden, Scotch Plains, Westfield, and Kenilworth.
Can DCP&P take me to court? Yes.
FAQ: Can DCP&P take me to Court?
Yes. The Division can file a complaint against you to take custody of your child. But, even if the Division does not take custody of your child, the Division can file a complaint against you for other reasons resulting in a court battle.
If the Division files a Protective Services complaint against you, it may be for an Order to Investigate, to take Custody of your child, or to compel you to comply with services while the Division maintains Care and Supervision of your child. In any event, the litigation is intrusive into your family life and an experienced DCP&P attorney should represent you in court.
During an investigation, if you do not cooperate with the Division, the Division may file a complaint against you for an Order to Investigate under New Jersey’s Title 30. Basically, DCP&P will ask the Superior Court judge to force you to cooperate with the Division’s requests to interview you, your child, or gain entry into your home. But although the Division is required by law to investigate all allegations of abuse and neglect, parents also have rights and it is important to consider legal representation by an experienced DCP&P lawyer if the state files a complaint for an Order to Investigate against you.
The Division may also file a complaint against you under New Jersey’s Title 9 alleging that you have abused or neglected your child and the Division will request Custody, Care and Supervision of your child until either DCP&P or the Court determines that you are an appropriate parent. In other words, you could lose custody of your child if DCP&P files a complaint against you. On the other hand, the Division may not allege that you have abused or neglected your child but that your child’s health and safety is in danger for other reasons and DCP&P will still request Custody, Care and Supervision of your child under New Jersey’s Title 30 and you may lose custody of your child. Another alternative is that DCP&P does not seek custody of your child but only Care and Supervision while you maintain custody of your child and attend services that the Division and Court has deemed appropriate for your family. The bottom line is that any litigation is intrusive and could result in you losing custody of your child.
DCP&P could also file a complaint for Guardianship under New Jersey’s Title 30. This means that the Division is seeking to terminate your parental rights so that your child can be adopted. In other words, the Division is alleging that the relationship between you and your child has harmed or will harm your child to the point where your child would be better off being adopted by another person. Courts seek to resolve Guardianship cases within six months of filing and if the Division files a Guardianship complaint against you, it is imperative to consider consulting with an experienced DCP&P lawyer to discuss your rights and how to fight against the Division in court.
Local Union County DCP&P Defense Lawyers Available Now
Contact our DYFS defense lawyers anytime for a free initial consultation at (908)-356-6900.