Fighting Dependency Actions

When accused of abuse, negligence or abandonment in a dependency action, a parent has rights and our attorneys have the experienced in protecting those rights and defending clients against false allegations. We know that dependency actions can be frightening and that the child abuse laws regarding such actions are confusing.

The first thing you need to know is that being accused of abuse, negligence or abandonment of your children in a dependency action doesn’t mean you’re guilty. The party that initiated the action, usually the Department of Children and Families, must prove that the alleged actions took place. In obtaining evidence to prove the alleged actions, they must follow certain rules and not violate your rights. In order to ensure your rights are protected and that inadmissible evidence isn’t used against you, it’s advisable to hire s family law attorney who is familiar with the Florida laws involving a dependency action.

What is a Dependency Action

A dependency action is a legal action designed to protect minor children from abuse, neglect, abandonment and other unsafe situations in their home. Anyone who believes that a child is subject to these kinds of situations may report it to the Department of Children and Families (DCF) or a law enforcement agency. The DCF will obtain legal papers granting them authority to investigate and, if appropriate, remove the child from a potentially dangerous home. The reporting person can be a parent, grandparent or anyone aware of the situation.

While the child abuse laws that created dependency actions are greatly needed and are intended to keep children safe, they are, unfortunately, sometimes abused. Sometimes an ex-spouse or the parent of an ex-spouse reports abuse or neglect to initiate a dependency action prior to an attempt to get custody of the child. There may not be any abuse or neglect going on at all, but they believe the dependency action will assure they get custody. Whenever they receive a report of abuse, neglect or abandonment of a child, the DCF is required by law to investigate. Sometimes DCF investigators, in their zeal to protect children, make mistakes and don’t follow all the rules for obtaining evidence. These mistakes can violate the defendant’s rights if they are not caught and brought to the court’s attention. When DCF violates a father’s rights, an attorney can sometimes get the entire case thrown out because DCF won’t have enough evidence to support their case.

Our family law attorneys can help protect your rights if you are accused in a dependency action. Especially if the DCF has removed your child or children from your home. Any of our attorneys can give you an initial consultation regarding your case and explain your rights regarding child abuse laws and dependency actions. You can arrange for a consultation or call us today at 866-995-0166.