Legal Question in Family Law in Kentucky
My rights versus Social Services
Someone has made a false allogation of child abuse against me. Social Services has already interview one of my two children. I was too frightened and upset to push the issue of my legal rights, because I was afraid they would just take my child from my custody if I didn't allow them to interview her outside of my presence. I have not been formally charged with anything. They refuse to tell me where the accusation came from. And when I asked the woman if it were legal to interview my child outside of my sight, and against my express wishes she refused to answer the question, and kept insisting she must interview my child alone. My older child was not mentioned in the allogation, and they want to interview her today at 2 pm. I do not want to allow these people the free access to my children. I also do not want them to yank my kids from my custody. I am dependant on state aid to support my children, and cannot retain an attorney with my own limited resources. Social Services is well aware of this fact, and although I have asked about the legality of their practices, they have not offered me access to legal council. Please Help me.
1 Answer from Attorneys
Re: My rights versus Social Services
Unfortunately, yours is a situation which occurs all too often. Social Services is not required to disclose the person accusing you of abuse or neglect, and they have an obligation to interview your children. If you believe that your children may make harmful statements about you, you can request that you be present and you may refuse to allow them to be interviewed as their custodian. However, this would probably lead to an abuse, neglect, or dependency action being filed against you, and an attorney would be appointed as guardian ad litem to protect the interests of your children as against you. Social Services would then be permitted to interview the children along with the attorney.
If you have done nothing wrong, your children will confirm this, and the case will be closed.
Whatever course of action you choose, good luck.
Curtis J. Hamilton
Neel Wilson & Clem
9 South Main Street
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
