When you’re facing charges stemming from an alleged drug crime, you have plenty to worry about. When the state comes and takes your children, it can feel as though everyone’s against you and there’s nothing you can do for yourself. While this is a trying situation, there is good news: Law Office of Michael L. Fell is on your side. Read on to learn more about the complications of this situation and how we can help. Then contact us at (949) 585-9055 right away for a free consultation.

Your child can go any number of places if removed from your care

One of the first questions parents often have is where their child goes when their child is removed from their custody. In most cases, there will be three possibilities while the court case continues. First, they may go to the other parent, second they could go to a relative like an aunt or uncle, and the third and last resort is a foster home or child shelter.

It's very likely that you’d prefer your child isn’t placed with a total stranger. This is why you should cooperate with the social worker and give as much information as possible. you can also ask the social worker for visitation rights. This could allow you to at least visit with your child while your criminal case is pending.

The length of time your child is removed from your custody can vary

The social worker has 48 hours from the time they remove your child to file a removal petition with the California court. A hearing must take place either the same day that petition is filed or the next court day. If the judge decides that the child is safe with you, then your child could be returned to you that day. That doesn’t mean the case disappears – it can still keep going – but it could mean that you have your child while it continues.

If the judge believes that your child isn’t safe with you, then they could order that the child be placed in one of the three situations we described above. The judge can also set parameters for your visitation rights. As you can see, it’s essential that you have an attorney there to fight for your rights.

The next step is a jurisdiction hearing, where the court decides if the allegations against you are warranted or if they should dismiss your case. In the event your children have been removed due to your drug dependency, we can argue that you’re now clean and sober, that your child isn’t in danger, or that the allegations against you are entirely false.

Regardless of your situation, you do need legal counsel on your side to ensure your child’s welfare is considered. Contact Law Office of Michael L. Fell at (949) 585-9055 right away for your free case evaluation. We are here to help make this process as simple as possible.