The Role of a Child Welfare Attorney

Child welfare cases are between the state and the parents. Typically, the disputes are over what is in the best interests of the child. The child welfare litigation process can be very taxing on parents. Oftentimes parents feel like they are up against a system that has made mistakes in the past and caused a lot of issues for other families. Having a child welfare attorney can ease the angst of the process. You are fighting to protect your right to keep your family together and you find yourself facing a battle no parent wants to face.

What can a child welfare attorney do for me?

Seeking legal advice from a child welfare attorney can allow you to have someone serving as your advocate, your advisor, and your legal representative during the case. A child welfare attorney is responsible for helping the parents defend their right to familial integrity. In a child welfare case where a child’s placement or a parent’s rights are in question, an attorney can ensure the parent’s rights are not violated and that they exercise every right they are afforded. Having a child welfare attorney defending your parental rights will allow you a path to being fully informed throughout the case. Attorneys can obtain documents and provide explanations on the decisions and actions of the court. And finally, an attorney can advise parents on what they can do to increase their chances of a favorable outcome.

What will the judges be considering?

In general, the best interests of the child are loosely defined under many jurisdictions as whatever is best for the child’s short-term and long-term health, safety, and well-being. There is a process to figuring out what those best interests actually are. Many factors are considered, some of which will depend on what kind of action the court will take and under what jurisdiction the action is subject. Some of the common factors the judge will consider when making a determination include:

• The specific physical, mental, and emotional needs of the child

• The ability of the parent(s) to provide for those needs

• The safety and stability of the home environment

• The relationship between the child and the parent(s)

• Any presence of domestic violence, abuse, or neglect, and

• The physical and mental health of the parent(s)
  

Figuring out what is in the best interests of the child may be up to the judge to decide, but they are not the only ones, the parent plays a big role, too. Having a child welfare attorney on your side could make all the difference.