Q: Can your children be taken if you go to jail wrongfully?
If you are arrested and taken to jail for a crime that you didn't commit and due to that your children are taken from your custody but you are released and all charges dismissed however your kids that were taken but you are told would be returned once proof of case being dismissed is provided and did so but kids never returned Is this allowed?
A:
In California, if you were wrongfully arrested and your children were taken into custody by child protective services, the process for reunification is generally clear and aimed at protecting the children's welfare. Once charges against you are dismissed, and it's proven that you are not a threat to your children's safety, steps should be taken to reunify your family. However, it's important to provide all necessary documentation and follow through with any requirements set by the court or child protective services to facilitate this process.
If your children have not been returned despite your compliance and provision of proof that the charges were dismissed, there may be other factors at play. These could include concerns about the children's welfare, the need for a formal hearing, or miscommunication between agencies. It's crucial to actively engage with child protective services, attend all scheduled hearings, and provide any additional information requested to assess the best interests of the children.
Should you face difficulties in getting your children returned, seeking legal advice may be beneficial. An attorney experienced in family law can help navigate the legal system, advocate on your behalf, and ensure that your rights and your children's rights are protected. They can also assist in expediting the reunification process by addressing any legal hurdles or misunderstandings that may have arisen.
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