Josh Powell Custody Case | Failure to Protect

The Josh Powell saga took a tragic turn a few days ago when he blew up his Washington home shortly after his children arrived for their weekly supervised visitation. Josh and his two young boys were all killed in the explosion. The investigation into his wife’s disappearance and possible death continues. This is an extremely sad case in which two children were killed by a disturbed individual and parent. Josh Powell first entered the spotlight several months ago after his wife went missing and Josh became a person of interest into her possible death. Mr. Powell claimed he had taken his 2 boys camping and left in the middle of cold December night. Mr. Powell claimed they camped in a remote area outside of Tooele, Utah. Mr. Powell later moved to Washington with his children where he first lived with his father. The drama grew when authorities discovered Josh Powell’s father had been in possesion of child pornography and was spying on neighbors. As a result, Mr. Powell lost custody of his children and was given supervised visitation by the court. The Court found Mr. Powell was putting the children in harms way by living with his father. This brings into question the “failure to protect” issues involved in child custody cases and whether or not a parent should lose custody of their children when they themselves have not been proven to commit any crime or cause the children any direct harm.

Abuse and Neglect Child Custody Cases in Utah

In Utah, a parent may lose custody rights to their children in cases where they fail to protect the child from abuse or neglect or from even witnessing abuse. For instance, in a case where one parent is the victim of domestic violence and fails to take action to protect themselves and protect the children from witnessing domestic violence, the state may intervene and take action. This is a highly controversial area of the juvenile court system because many parental rights are trampled on by DCFS and the state attorney general office in a good faith attempt to protect kids. There is no doubt there needs to be legal reforms in this area. While some individuals like Josh Powell are real threats to their children, others have not cause their children any harm whatsoever and nonetheless may still find DCFS knocking at the door.

Child Custody Attorney in Utah

If you are facing an abuse or neglect case with DCFS, you should consult with an attorney as soon as possible. The deck is severely stacked against parents in this system so you should take all the steps necessary to give you the best possible chance of keeping your kids safe in your home. To speak with a child custody attorney in Utah, call us today at 435.216.1034.

About Jerry Salcido

Jerry Salcido is a founder attorney of St George Divorce Attorney PLLC.
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