Phoenix, AZ asked in Civil Rights, Family Law and Child Custody for Arizona

Q: Is due process or civil rights violated if children are removed from parent but parent has not been allowed statefact?

Dcs removed children from parent but parent has not been interviewed or allowed to state facts before court was given the PPH report an children remain in dcs physical custody and stipulations for reunification have been given without the parent being allowed to defend themselves.

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA

A: In Arizona, due process and civil rights are crucial elements in child custody cases involving the Department of Child Safety (DCS). If children are removed from a parent's care and the parent is not given an opportunity to present their side of the story before the court makes decisions, this could raise serious due process concerns.

Under the law, parents have the right to be heard, to be notified of the allegations against them, and to have an opportunity to contest those allegations in court. If these rights are not upheld, it could constitute a violation of due process.

If you find yourself in this situation, it’s important to seek legal representation immediately. An attorney can advocate on your behalf, ensuring that your rights are protected and that you have the opportunity to present your side of the story.

It's also advisable to document all interactions with DCS and any other parties involved. This documentation can be crucial in legal proceedings.

Remember, the legal system is designed to protect the rights of both the children and the parents. If you feel your rights have been violated, it's important to take legal action to address these concerns and work towards a fair and just outcome.

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