Q: I am a resident of Georgia. My question is regarding child custody and legal weight of a DFACS "safety plan".
My family was evicted 2 weeks ago. During this time someone reported drug use in the home. A DFACS caseworker told me that upon finding that the child wasn't living at the potentially unsafe location, their involvement should have ended. However DFACS pursued this and made contact with my mother, whom I had left in the care of my son. Upon our return my mother refused to open the door or answer my phone calls. I went to the DFACS office and I was told a safety plan is in place, in which my mother has signed, however I was not even offered a copy. The opinion of local law enforcement seems to depend on each officers personal interpretation of the laws. There is no court order of any kind, however police seem to be unclear on the legality or the reach of this "safety plan". Im trying to find out if I could be charged with a crime if I go and take my child? And does the law provide any protection for my rights or my child's? When does this become kidnapping? To me it is kidnapping.
A: A safety plan is not an order that changes custody. However, you need to speak with an experienced dependency attorney. DFCS may be in the process of filing a dependency case against you or may move forward with doing so if you object to the safety plan.
Homer P Jordan IV agrees with this answer
A:
I agree with my colleague. It is best to consult an attorney who can assist you with the specifics of your circumstances. We are glad to assist you. Contact us whenever you are ready.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922, www.theupshawlawfirm.com
Homer P Jordan IV agrees with this answer
A: I agree with my colleagues, it would be wise to consult with an attorney who can review the facts of your case and present you with the options. -Homer P. Jordan IV, Esq. 404
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