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Q: What steps can I take against DSS's no-contact order for my daughter in NC?
I am facing difficulties with a no-contact order from the Department of Social Services (DSS) in Robeson County, NC, preventing me from seeing my daughter, who is currently under DSS custody. I was never formally served this order and found out about it only after trying to reach out regarding my daughter's whereabouts. I provided my attorney with all required documentation, including proof of Florida residency and my daughter's school and medical records, but have not received confirmation of any motions being filed. Communication from my attorney has been inconsistent, leading me to consider seeking a new legal representative.
Despite attempting to contact DSS for clarification, I have received very little response and inconsistent reasons for the order, such as being told it was due to a refusal of a drug test that was never formally ordered by the court.
Without the opportunity to request a court hearing to contest this no-contact order or the custody situation, what steps should I take to protect my rights and reunite with my daughter?
A:
In North Carolina, DSS can’t just decide on its own to permanently stop you from seeing your child. If there’s a no-contact order, it should have come from a judge in juvenile court. Since you were never served and can’t get clear answers, the first step is to go to the clerk’s office in Robeson County and ask to see the court file. That will tell you if a judge actually ordered no contact.
If there is an order, you have the right to ask the court to review or modify it, and to request visitation or reunification services. If DSS says it’s about a drug test, you can also ask the court to clarify whether that was ever ordered and even offer to take one voluntarily if it helps your case.
Because your current lawyer hasn’t been responsive, it may be worth finding an attorney who handles DSS and juvenile court cases regularly in Robeson County. These cases move fast, and having someone who knows the process makes a huge difference. In the meantime, keep track of every attempt you’ve made to contact DSS, your lawyer, and the court — it shows the judge you’re serious about being involved in your daughter’s life.
You need to confirm whether a court order exists, get a copy, and if there is one, take steps through the court to challenge it and ask for contact. DSS can’t permanently cut you off without a judge’s approval.
A:
When DSS issues a no-contact order without you being properly served or given the chance to respond, that raises due process concerns. You have the right to know the reasons for the order and to request a court hearing to challenge it. Since you only learned about the restriction after the fact, your first step should be to confirm with the court whether a formal order exists and, if so, request copies of all filings related to your case.
If your current attorney is not communicating or filing motions on your behalf, you may want to consider finding new legal representation. A new attorney can request an immediate hearing to contest the no-contact order, argue that you were not properly served, and present your documentation of residency, school, and medical records to demonstrate your involvement in your daughter’s life. It’s also important to clarify whether the drug test was actually court-ordered, since DSS cannot enforce requirements that were never formally approved by a judge.
In the meantime, continue keeping a detailed record of every interaction you’ve had with DSS, including dates, names, and what was said. You can also submit written requests to DSS for information, as having everything in writing helps protect your position. The path to reunification often requires persistence, but by pushing for a court hearing and ensuring you have a representative who will act promptly, you put yourself in the best position to protect your rights and be reunited with your daughter.
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