Divorces and custody disputes can lead to volatility in the home. It is not unusual for couples in the midst of divorce to be contacted by the Department of Children and Families (DCF).
The issues that arise with divorcing parents and Wilton DCF investigations are complex. Contact an experienced DCF investigation attorney at Mark Sherman Law for help.
Sometimes, parents engaged in a bitter divorce may allege child abuse to gain an upper hand in a custody dispute or property settlement negotiations. A family court judge faced with a credible neglect or abuse allegation against a parent will notify The Department of Children and Family (DCF).
Other times, a report to DCF comes from third parties. For example, police will contact the DCF if they are called to a home because of a domestic dispute. Neighbors, teachers, family members, and health care providers may suspect that divorcing parents are not properly caring for their children and may also make a report to DCF.
When DCF investigates, they will likely visit your home and your spouse’s home. They will interview the children and anyone else who lives with you or your spouse. It is important to cooperate with the DCF investigators, but divorcing parents should first contact a Wilton attorney for advice before answering their questions.
A DCF investigation can be stressful and intrusive. Besides interviewing you, your spouse, and your children, the investigators may contact neighbors, extended family members, people at your children’s school and others. If the court has appointed a guardian ad litem for your children, the DCF investigator will talk to them as well.
A Wilton DCF defense attorney can try to limit the scope of the DCF investigation during a divorce. They can identify the investigator’s concerns and propose ways to provide the information they need while protecting your privacy and reputation.
Investigators have 45 days to either close the case without a finding of abuse or neglect or substantiate a finding. A substantiated finding of abuse or neglect can have a significant impact on the family court’s custody decisions. In the most serious cases, this can endanger your parental rights. If you receive notice that DCF intends to substantiate a finding, a legal professional can help you appeal the decision.
In addition to custody, arrangements regarding children can impact every aspect of divorce, including property settlements and alimony arrangements. As a result, family courts typically stay divorce proceedings while a DCF investigation is ongoing. A stay means that the court will make no further decisions until they have the results of the DCF investigation.
The Court’s family relations counselor is likely to be in touch with the DCF investigators. If DCF substantiates a finding, the court may ask for a copy of its report and seek to have the DCF investigator testify during a custody dispute.
Divorce and DCF investigations are both complex proceedings with very high stakes. It is critical for parents to work with a Wilton attorney familiar with divorce, family court proceedings, and the DCF investigation process.
If you are getting divorced and are going through a DCF investigation, you need strong legal guidance to help you.
The attorneys at the Law Offices of Mark Sherman have the skills and experience you need. We frequently work with divorcing parents during Wilton DCF investigations. Read what some of our past clients say on our Avvo profile, and then give us a call.
