Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Family Law > How do I file a motion to the court to lift supervision and care from DCPP and a DCPP charge of Abuse/Neglect

How do I file a motion to the court to lift supervision and care from DCPP and a DCPP charge of Abuse/Neglect

1 Answers. Asked on Jul 20th, 2017 on Family Law - New Jersey
More details to this question:
I violated no rights and DCPP removed my daughter from my home and has now placed a court order on me for care and supervision with restraints.
Answers Showing 1 out of 1
Answered on Jul 24th, 2017 at 12:36 PM

There are a few hearings that you will be facing. You hopefully already have an attorney representing you, and if not, you should get private counsel or have someone from the Office of Parental Representation represent you. You state that DCPP removed your daughter but then you say that they are seeking care and supervision. If you do not have custody now, you should have a case for care, custody and supervision. There would have to be a fact-finding hearing to demonstrate by evidence and testimony whether or not an act of neglect or abuse occurred. If not, then the case should be dismissed, or the child returned and you may then have care and custody with supervision. Outside of a plenary hearing with witnesses, I don't see any success in filing a motion unless the case against you have been very weak and the case can be made on the law alone without any factual case.

Answers to any question is not to imply a lawyer-client relationship which can only be after a consultation and the signing of a retainer agreement disclosing what the terms of representation might be.

Report Abuse
Family Law
A family law attorney can guide you through the many legal issues facing couples, parents and their children. Family law lawyers can work with individuals who are engaged or married to create pre-nuptial agreements and post-nuptial agreements. Family law attorneys will also work with individuals and couples seeking to start or grow a family through adoption. And law firms can work with individuals who are getting divorced to negotiate a divorce agreement, including alimony, palimony, the division of property and debts, child custody, child support and visitation.
Have an Family Law Question?
It’s Free & Easy.
Ask a Lawyer
Top Contributing Lawyers
Mark Tischhauser, Esq.

Attorney - Florida

354 Answers, 20 Legal Topics

Patrick Johnson

Attorney - Tennessee

241 Answers, 47 Legal Topics

Michael D. Siegel

Attorney - New York

179 Answers, 25 Legal Topics

Anthony John Van Zwaren, Esq.

Attorney - New Jersey

115 Answers, 18 Legal Topics

Lori Nevias

Attorney - New York

85 Answers, 33 Legal Topics

Michael E. Fiffik

Attorney - Pennsylvania

82 Answers, 17 Legal Topics

Bruce Robins

Attorney - New York

71 Answers, 8 Legal Topics

Have a legal question?
Get answers from local attorneys.
It's free and easy.
Ask a Lawyer
Do It Yourself Legal Forms
Go

Popular Forums