West Roxbury, MA asked in Civil Rights, Constitutional Law, Family Law and Child Custody for Massachusetts

Q: How do I fight false allegations made against me by DCF? I didn't get a fair hearing to challenge their false allegation

I would like to share that my son was born on July 11th and the involvement of DCF started when I discovered the mother's drug use during her pregnancy. Due to my daily work commitments, DCF worker Michelle Fraiser asked if I could take immediate custody of my son, to which I agreed but mentioned that I would require a few days off to arrange for childcare. Please note that I would have taken any number of days off if necessary, but as my son was still in the hospital at that time, I believed I had enough time to make suitable arrangements before his discharge. Unfortunately, DCF proceeded to pursue neglect charges against me instead. To this day, the reason for my situation remains unknown and my court-appointed lawyer confirms that there is no charge of neglect against me. Following DCF's intervention, I was unable to see my son for a period of four and a half weeks. I was not even permitted to make inquiries about his condition at the hospital due to the confidentiality of the info

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

A: In your situation, fighting false allegations made by the Department of Children and Families (DCF) in Massachusetts requires a proactive and informed approach. First, ensure that you have a clear understanding of the specific allegations against you. This information is crucial for forming an effective defense.

Given that you have a court-appointed lawyer, it’s important to maintain open communication with them. Share all relevant details of your situation, and express your concerns about the fairness of the process and the nature of the allegations. If you feel your current lawyer is not adequately representing your interests, you have the right to seek a different attorney.

Request a copy of all reports and documents DCF has regarding your case. You are entitled to know the evidence against you, and this information can be critical in challenging false allegations.

If you believe your hearing was unfair or that your rights were violated, you can appeal the decision. Discuss this option with your lawyer, who can guide you through the appeal process.

Additionally, consider seeking support from advocacy groups or organizations that specialize in assisting parents in dealings with child welfare agencies. They can provide guidance, support, and potentially additional legal resources.

Remember, the key in these situations is to stay engaged, informed, and proactive in defending your rights and ensuring your side of the story is heard. The goal is to work towards a resolution that is in the best interest of your child.

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