The Intersection of Private Custody Cases with DSS Abuse Allegations

Child custody cases are complex to begin with. We are working through parent personalities, parenting preferences and differences, and especially the emotional hurdles that are in place while having to negotiate giving up time with your children. When you add allegations of abuse and neglect into the mix, the case can become rather murky almost immediately.DSS is involved in cases where there are allegations of child abuse or neglect. This may be physical abuse, sexual abuse, or related to educational neglect for not taking the child to school as required by law. There are a multitude of reasons DSS can be involved. Regrettably, sometimes it is the result of one parent concocting a theory of abuse to attempt to gain an advantage in the divorce.Once DSS is involved, the Family Court will rarely move forward with a custody issue until DSS has had an opportunity to complete an investigation.  Typically, this is a 45 day period and you will now not only be working with your lawyer and a Guardian ad Litem in your custody case, but you will be working with a DSS case worker/investigator, a volunteer Guardian ad Litem in the DSS case, and possibly subject to completing treatment services such as parenting classes, drug treatment, and counseling.Additionally, your attorney fees and legal costs will increase exponentially.  Not only will your lawyer be working with you in your custody case, but you will need his assistance in the DSS case as well.  This increases the number of court appearances and legal work this lawyer will do. It will also increase the scope of the investigation of the Guardian ad Litem in the private custody case thereby increasing his or her fees as well.  Not to mention costs to obtain records, DSS case files, etc.