How to Protect Your Interests When D.S.S. Takes Your Children
My firm represents people in cases where the Department of Social Services has removed their children. In fact, I am frequently hired by individuals who want to fight D.S.S. and have their children returned. I am fortunate to have developed a good reputation in these cases over the years. If D.S.S. has taken your children, I encourage you to contact my office as soon as possible to schedule an appointment to discuss your case. The follow article explains what happens when these cases begin:
DSS may come into your life for multiple reasons. Sometimes it is for a good reason and sometimes it is completely frivolous. When it comes to having your children removed from by DSS it can be a very distressing situation. Regardless of the reason for the removal of your children the Family Court must hold a probable cause hearing within 72 hours to determine if DSS had probable cause or a good enough reason to remove your children.
At this hearing, DSS generally has the upper hand. In almost all cases, defendants are not represented by an attorney at this hearing and they have no idea why they are in court, what has happened to their children and what they have to do to get their children back. At the probable cause hearing, DSS will call witnesses and attempt to prove their case while you will not be allowed to testify. You will have an opportunity cross-examine the DSS witnesses and you will be able to submit affidavits to the court supporting your situation.
If you are unrepresented at this hearing and are unable to afford an attorney to represent you, the family court will appoint an attorney to represent you. This is great, except that not all attorneys that are on the appointment list handle family court and DSS matters. You may get an attorney who makes it his goal in life to stay away from a court room. A guardian ad litem will also be appointed to represent your children and to perform an investigation for the Court with their mind set on determining what is in the best interest of the children.
I would recommend that if your children have been taken from you by DSS you should immediately contact an attorney who is experienced in representing people in DSS matters. There are strict time lines and regulations that DSS must comply with and if they don’t it can help your case. Only an experienced professional will know these things. You should not go to a probable cause hearing unrepresented if you can help it.
Source: "What Happens If DSS Takes Your Children?" by V. B. Atkins III, published at his Upstate Family Law Blog.
Ben,
Thanks for the re-post! I just read your bio - I am also an APO-Gamma Lamda alum and past chapter president. I enjoy reading the SC Family Law blog and consider it a resource. I also enjoy reading your MacLawyer.com blog.
Thanks again and Go Tigers!
Tripp
Was divorced in 2006 remarried on 12/2007 and was served with a summons for child custody. Went to court in 1/2010 and was emailed the judges decision in 2/2010. Ex got custody of child after I, being Pro se, was degraded in court. I could not afford an attorney at that time and then tried to file for a rehearing with an attorney when taxes got back but was denied and then I attempted to file an appeal, which is going to be denied because i can not afford to keep on with it. Now DSS is involved because I filed a report against father for allegations from child that after school care taker was sexually abusing her.(This after child told me and finding out that the sheriff's department had gotten involved) Voluntarily gave up visitation with child due to therapy and that child now changed story that current husband touched her. Received a notice from DSS that they were going to charge my current husband with sexual abuse and I with physical abuse. Nothing will be done to the ex caretaker. Ex husband gave false criminal record of current husband to DSS and has told child that he would lose everything if she was given back. Child feels guilty for father, so child has lied to DSS counselor. Child had therapy in Greenville before being taken away but no one has spoke to her. DSS has not investigated nor interviewed me or current husband in depth. I don't have the money for an attorney, for what we do make we are trying to survive off of, but if anyone can help I would be deeply grateful.
My friend, who has now been deemed as mildly mentally retarted by a dss psych, had post partum depression and left my home to go back to her abusive bf in July. He encouraged her to call dss and give them thier son. She did so, and then a day later, realized what she had done and petitioned the court. She was charged with neglect and they are having her do parenting classes, counseling etc. It took dss 4 months to get her into the classes, and still waiting for the couseling. They have no reason to keep her son. They say she is incapable of caring for his needs as of going to doctors, medical care, etc. We have records that disprove of this. She also has a high school diploma and she still has not been back to court since August! Please help us! She live with us and has for almost a year now, besides when she was with her bf for 3 weeks.
I need to know who the best DSS Specialist Lawyer in Greenville, SC. These people are horrible and I need representation.