When CPS Gets Involved While Parents Divorce

 Posted on March 31, 2022 in Family Law

Getting divorced when you have children is already stressful enough. You are trying to make sure that you get a fair deal out of the divorce while also trying to put your children’s needs first. It can be terrifying when you find out that someone–most likely your spouse–has gotten Children Protective Services involved and accused you of abusing or neglecting your children. You have probably heard horror stories of parents having their children torn away from them in the blink of an eye. Being the subject of a CPS investigation can be alarming and panic-inducing under any circumstances, but if you are in the middle of a child custody case, it can be particularly frightening–and potentially risky. 

If this is happening to you, it is important that you immediately contact an attorney who has experience with abuse allegations during divorce. 

What Should I Do if My Spouse Calls CPS During Our Divorce?

First off, do not panic. If you handle the situation correctly, it is likely that nothing will come of it. However, you may want an attorney to manage the response to a CPS investigation. You do not want to make any mistakes. A few things you should know in this situation include: 

• You are not the first - This is not the first time one parent has made false allegations against the other in an effort to gain an edge in custody proceedings. CPS has seen this exact situation before. 

• CPS investigates - They will not take your spouse’s word for it. CPS conducts its own investigation to look for signs of abuse or neglect. Regardless of what your spouse told them, CPS will rely on what it actually finds. 

• Use your lawyer - Do not talk to CPS or sign anything without consulting your lawyer. Let your attorney guide you. You can typically have your attorney present any time CPS is going to be visiting or interviewing you. Let your lawyer take charge–if the investigation is not handled well, it could hurt you in your custody battle.

• Removal is unlikely - Taking children away from their parents is an absolute last resort when any other course of action would demonstrably put the children in serious danger. Even if they do believe that something is amiss, they are far more likely to offer resources. 

• Stay calm - Panicking will not do anything but cause further stress for you and your children. Millions of families have gone through this process, and very few parents have been permanently separated from their children. 

This situation could ultimately work out in your favor–CPS is likely to figure out very quickly what is actually going on. Your spouse is the one who is going to look bad in court if it is determined that they lied and put their own children through significant stress for selfish reasons.

Call a North Texas Family Law Attorney

Pfister Family Law is here to help if you are in the difficult situation of needing to deal with CPS during your divorce. Our Frisco family law lawyers are well-versed in divorce, child custody issues, and CPS investigations. Call us at 972-954-6455 for an initial consultation as soon as possible. 

Source:

https://community.apna.org/blogs/andres-guevara/2013/12/31/most-important-things-to-remember-when-fighting-false-child-abuse-charges