Legal Question in Family Law in Illinois

im a father that children have been taken into dcfs custody due to there mothers drug use we are married but were seperated when the kids were taken by dcfs im trying to find out why i was charged with neglect and will i be able to get my kids on this upcoming trial date even though there mother wont be showing due to her being i rehab i wasnt notified about my kids until about 2 months after them being taken due to there mother witholding my info and only down talked me to her caseworker and the caseworker seem to not want to help me get my kids back she seem to only want to help my wife what are my rites to my kids and is the caseworker in the wrong by not being into helping me even though im not the one that had my kids at the time of them being taken


Asked on 10/29/10, 10:42 am

1 Answer from Attorneys

You need to contact DCFS. Remember, they represent "you" too as a natural or adoptive parent. You need to get an attorney to look into the court records and find out why you never received any papers for any case where you were found to be guilty of neglect. Being married but "separated" doesn't mean you went to a court to establish the right to custody and visitation, and very possibly DCFS just viewed your absence as abandonment. This is no longer about you as you know, it's about your kids. Get some legal help so you can be part of your children's lives. At the very least you may be entitled to visitation through DCFS.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

Read more
Answered on 11/03/10, 1:12 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois