The Division of Child and Family Services did an investigation into a domestic violence complaint that indicated I was a “substantial risk of physical harm” to my children, which seriously damages my case for custody.
It was concluded I was a risk to my kids because I slapped my wife with the children in the home. However, my wife was being verbally abusive to me, was in my face yelling at me, and there was no getting away from her.
Shouldn’t the report also take into consideration my wife’s abusive behavior and her involvement in the incident?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.
Charges and investigations can be amended to include the opposing or accusing party when both parties are involved in an incident, at least in the jurisdictions I practice in. This can be amended at any time during your proceedings or even after your proceedings.
As to your questions about DCFS, they do not necessarily work as fast as most individuals would like. If you check into their rules, many states have a requirement that an investigation be opened/closed with some type of referral or findings within a certain number of days from the initial intake of the report.
They may not contact you until later in the investigation. This can be expected. However, you should be able to call and get the investigators name and contact information so you can contact them through your counsel
If DCFS makes a finding of child abuse, this will be brought to the court’s attention immediately so they can evaluate any existing or pending parenting time or visitation orders.
I would absolutely recommend hiring an attorney immediately to represent you in your pending criminal and juvenile actions. Further, your lawyer can recommend the best possible alternatives for you and help you decide what needs to be done to secure your position with your kids.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.