Child Removal Legal Guidance

Summary

DHR in Alabama requires a court order for child removal unless its an emergency. If your rights were violated, consider filing a Petition for Return of Child. You can draft motions by including a caption, introduction, statement of facts, legal argument, request for relief, and signature. Contact the local juvenile court for further assistance.

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I am pro se against Alabama DHR. They removed my child without any court order, there was no paperwork. They lied to me about having to let them in my home, and they lied about having to take a drug test. They violated my rights as a parent and now trying to remove her completely saying that i put her at risk and had her in an unsafe home

Hi ****,
I understand this is a difficult situation. To guide you better, could you please let me know if you have already attended any court hearings regarding this matter?

absolutely not. None of my paperwork is signed by a judge only DHR employess

Hi ****,
I'm sorry to hear about your situation. In Alabama, the Department of Human Resources (DHR) must have a court order to remove a child unless there is an emergency. You may want to file a petition for the return of your child.
Have you consulted with an attorney or considered reaching out to legal aid for assistance?

i cant afford what a good lawyer cost.. public defenders side with DHR, they all work together, and legal aid denied me

Hi ****,
I'm sorry to hear about your situation. In Alabama, you might want to consider filing a "Petition for Return of Child" (Form C-*) if you believe DHR violated your rights. This petition can be filed in the juvenile court in your county.
- Have you considered contacting the local court for assistance in filing this petition?

Jefferson County Family Court

Phone: (*) *-*
Address: * 2nd Ct N, Birmingham, AL *

no.. I just need guidance on how to write the motion for getting my baby back, and another for violation of due process

Hi ****,
I'm really sorry to hear about your difficult situation. Here are some general steps and components to consider when drafting your motions:

Petition for Return of Child
*. **Caption**: Include the court name, case number, and parties involved.
*. **Introduction**: State your name and relationship to the child.
*. **Statement of Facts**: Detail the events leading to the child’s removal.
*. **Legal Argument**: Cite relevant laws or constitutional rights violated.
*. **Request for Relief**: Clearly state that you are requesting the return of your child.
*. **Signature**: Sign and date the petition.

Motion for Violation of Due Process
*. **Caption**: The same format as above.
*. **Introduction**: Briefly introduce yourself and the case.
*. **Statement of Facts**: Describe how your due process rights were violated.
*. **Legal Argument**: Reference specific laws or constitutional provisions violated.
*. **Request for Relief**: Specify the relief sought (e.g., dismissal of the case, sanctions).
*. **Signature**: Sign and date the motion.

Contact Information
For more detailed assistance, you can contact the local juvenile court in your county:

Child Removal Legal Guidance

Summary

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Jefferson County Family Court

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