Over the past couple of years, most DCPP matters were handlded in DCPP court where they were the plaintiff. However, in the state of New Jersey there has been a recent disturbing trend that has been increasingly seen in family court. This trend is when the DCPP receives a report of neglect or abuse, and they do not file a court case against one of the separating parents, but advising the other parent to file an Order to Show Cause to help achieve custody of the child. What this means is that the DCPP backs the other parent, and provides them with advice during the custody trial. The DCPP will right reports and provide them to the court, and can do so without being a party to the case or even showing up! Having the DCPP involved in your child custody trial can lead to a number of issues.
A major issue is that due to this not being an official "DCPP Case" if you have an attorney who is not knowledgeable in how to handle DCPP cases, you could not be properly protected in the courtroom. You may need to fire your current attorney and hire an attorney with the experience of handling DCPP trials.
Once the DCPP is involved, the custody case will function a lot like a DCPP case. This means that you will not have important procedural safe guards. For instance, you will have to fight to get access to the DCPP file, instead of getting automatic access of the entire file. With the case worker not present in the court room, it becomes a challenge to fight the report that is forwarded to the court. Furthermore, the report may only be given to you after you have arrived at the court, giving your lawyer no time to prepare your case.
If the DCPP has entered your child custody trial, you need a lawyer who can properly defend you against these difficult cases. At the Law Offices of Jef Henninger, Esq., our team of tough, smart New Jersey custody lawyers know how to both defend a custody case and a DCPP case. Thus, when the two are put together in these hybrid-like cases, our law firm knows how to fight for our clients. Our lawyers will hold the entire system accountable so that DCPP and the other parent do not push you around. If you or a loved one is concerned about the DCPP or your custody trial, call us now to discuss your case with our 24/7 hotline at 732-773-2768. We provide free initial consultations with no obligation.
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