Legal Question in Family Law in Missouri

My 19 month old at the time pulled my 2 month old at the time off a changing table and onto the floor on a saturday night. He seemed ok at the time. He ate fine, and slept fine all over night. Sunday we signed a lease for a house while the boys stayed with a trusted certified baby sitter. Monday more we woke up to my son's leg being twice the size it was normally. So we rushed him to the ER. They did an xray and found that he had a mid shaft thigh fracture. The state was called, and my finace and I were interview by case workers and the police. Our kids were taken away that night, and have been in foster care since. We lost jurisdiction and were made to complete a treatment plan of couple's counseling, anger management, and parenting classes. We have no records...not even a speeding ticket. We don't use drugs or alcohol. We have good jobs and take good care of our children. This was just a horrible accident!!! I am so afraid to lose my kids! Do we have a chance?


Asked on 1/03/12, 1:24 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Most cases of susp[ected abuse are not proven and the chidlren are returned. Unfortunately, teh burden to prove that you shoudl get yrou kids back, is higher thant the burden to not have them taken away in the first place. As the care and custody of your children affects your basic right, you are entitled to have legal counsel in the procedure. If you truly cannot afford to hire counsel, you may be able to get the court to appoint counsel for you. This appointed attorney can be great or not so great. You will probably do better choosing your own attorney.

Good luck

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Answered on 1/05/12, 9:10 am


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