Removing Child From Foster Care After Allegations Of Abuse

Omaha Nebraska Divorce LawyerQuestion:

My child lives out of state and was recently removed from my ex-wife’s home because of child abuse.

The Department of Children and Families in their state never bothered contacting me to tell me my child was placed in foster care. They finally did contact me but only to investigate a false allegation by my ex-wife that I hit our child.

I have a court-appointed attorney but the agency is not cooperating with the lawyer either. They are acting as if I do not exist and are not allowing me to prove myself as a fit parent capable of raising my child.

What can I do to get my child out of foster care and sent to live with me in another state?

Answer:

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.

The issue here the child’s home state’s Juvenile Court likely has exclusive continuing jurisdiction. The juvenile attorney you were appointed was likely appointed to determine if you should be held responsible for the pending case. This includes charges of things such as abuse, neglect, etc.

Where I practice, having a child removed from the state is an uphill battle. This includes removing a child from foster care in one state to place the child with a suitable parent in another state. Unfortunately, it is likely that you will need to find your own counsel to help you with the removal proceedings.

It is not likely your court appointed lawyer can assist you with removal, if it is at all possible, based on their limited scope of representation. Court appointed attorneys can only represent you regarding matters they are appointed for, as it is a “limited scope” representation.  You can request a hearing for child custody.

Further, as an aside note, when one state is requesting child custody in another state, typically there must be a home study conducted and that includes the involvement of similar child and family services agencies in your state. You may need to ask your local office to see if you can get the home study complete prior to requesting a placement hearing.

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.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.

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