It might seem unbelievable, but in America today, a parent accused of abuse or neglect by the state often has more legal protections than a parent involved in a custody battle in family court. This troubling truth highlights a serious injustice, one that leaves countless families vulnerable and broken.
In dependency court, where the state seeks to remove a child from a parent’s care due to allegations of abuse or neglect, the system is required to follow strict due process protections.
A court-appointed attorney if the parent cannot afford one. Access to all evidence and reports used in the case. A defined reunification plan, outlining what the parent must do to regain custody. Regular judicial reviews and oversight. Recognition that parental rights are fundamental and must not be terminated without clear and convincing evidence.
In family court, where the conflict is between two parents, these protections often don’t exist, despite the fact that the outcome can be the same: a parent losing time, influence, or even contact with their child.
Here’s what’s missing for parents in family court. No guaranteed legal counsel, even in complex cases.
Limited or no access to the evidence used by GALs, counselors, or therapists no structured reunification process if time is taken away. Vague “best interest” standards that are inconsistently applied. And heavy reliance on the opinions of unaccountable professionals who may never even speak directly to both parents.
Many parents in family court find themselves restricted from seeing their child based on hearsay, subjective reports, or a child’s sudden resistance, without any proof of harm or wrongdoing. And once the restriction is in place, there is often no clear path to regain parenting time, no steps laid out, and no timeframes for review. Months, even years, can go by while the child loses a relationship with a loving parent.
Meanwhile, the parent with more influence, money, or control of the narrative often ends up with complete power over the child’s relationship with the other parent, with little or no oversight.
The result? Children are kept from safe, loving parents. Parents are left with no clear direction on how to restore the bond. Family court becomes a place where rights can be taken away without a fair process, and without a plan to fix it.
If the dependency system, which deals with serious abuse and neglect, has more protections in place for parents, how can we justify the family court’s lack of structure, oversight, and accountability?
It’s time for lawmakers, judges, and professionals to recognize the urgent need for reform. Children deserve stability, truth, and connection, and that begins with a fair and balanced system for both parents.
Family court must not be allowed to operate in the shadows of the law. Parental rights don’t disappear because the conflict is “private.” The time to restore justice in family court is now.
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