Legal Question in Family Law in Georgia

On May 22nd my stepson drowned accidentally at our home. The same day the local dfcs office claimed they had to remove my other stepson and my daughter from the home. I was working in Tennessee at the time so i had my sister go pick up my kids and take them to her house. I returned home on May 23rd. The dfcs office says that I cant take my kids back home with me although they haven't shown me a court order or any other type of legal documents to support this. My question is; Does the dfcs have any right or legal standings to prohibit me from having physical custody of my children without a court order?


Asked on 6/11/10, 1:04 pm

1 Answer from Attorneys
Rachel Hunter

Yes. The child protective services must have had a reason for removing the children which had nothing to do with your 22 year old stepson. The department can only do this for 7 days without a court order. You do not tell me why the children were taken into custody or their ages. Were they abused? Neglected? Where is the father of your other stepson? Why were the children left alone? My advice would be to first consult with an attorney. Whether the children will be returned to you it will depend on why they were taken in the first place.

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Answered on 6/11/10, 4:31 pm


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