An appeals court panel ruling from early April 2015 has shocked Californian parents of unruly children and teenagers. The findings determined that county officials had the right to remove a “dangerously incorrigible child” from the family home even though the parent had responded to the child in a proper and appropriate way.

The 17 year old girl involved in the case frequently ran away from home, leaving her mother scouring the streets and calling the Los Angeles police for help every time it occurred. The girl has now given birth to two children. These actions are what prompted the Los Angeles County Department of Children and Family Services to step in and remove the child from her mother’s care.

Grounds for Removing Children from Parental Care

In the state of California, a child is only removed from the custody of his or her parents when the child’s welfare or safety is at risk. As for the case above, the 2nd District Court of Appeal all agreed that the child should be removed as she faced a “substantial risk of serious physical harm” and that the parent was unable to “supervise or protect” the child.

A Disturbing Ruling for Many

While some may welcome ‘big government’ involvement in such issues, many have serious concerns. Some individuals are fearful of how this ruling has now expanded the department’s ability to intervene in a parent-child relationship. Others state that the government is not ready to “be a parent” and that more support and help should be made available for parents of troubled or problematic children.

Protecting Your Custodial Rights

The majority of Californians experiencing child custody issues aren’t fighting the government. Most are trying to figure out a custodial arrangement with with an ex-spouse or a grandparent of a child. Handling such cases not only requires an in-depth and extensive knowledge of family law, but it also requires an individual to be acutely aware of what outcome is in the best interest of the child.

The respected team of family law attorneys at Fischer & Van Thiel, LLP have helped families in the San Diego area come to amicable custody arrangements that best serve both the child and the parent. If you are currently in the midst of divorce and have questions about child custody, or are seeking to change a current arrangement, we can help. Give us a call today at (760) 722-7669 to speak to one of our qualified attorneys to learn more about your rights.


About Fischer & Van Thiel, LLP