If Child Protective Services (CPS) Takes Our Children, Can We Assign Custody to Someone We Choose?
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Summary
When child protective services (CPS) gets involved with your family, they wield an immense amount of power in determining what will happen with your children. |
“I will try and make this as short as possible. Someone in my family is out to get my family. We received a threatening email from someone anonymous and the information that was in that email only four people knew about. In the email they had threatened to call CPS on us. Well they followed through with it and now there is a case based on false accusations. I am worried about my kids getting taken from us. Two of my family members have stated they wanted my kids. God forbid if they get taken from our home that they will get them. Here is my question. Is there a legal document that my husband and I can do to appoint custody of our children to someone else if they were taken from our home? Please contact me as soon as possible. Thank you for your help in this matter.”
First, you need to get a good attorney, and fast. Child protective services is nothing to take chances with. Once they are involved, the power that they have over your family is enormous. Make sure that the attorney you get is experienced in dealing with child protective services.
Second, no, once child protective services is involved, and until their investigation is concluded (and only then if they find nothing), you do not have a say in what happens to your children. Again the power that CPS has in this situation cannot be overstated.
That said, in many states, CPS will first try to place a child with someone in the immediate family, and they may listen to suggestions you have in that regard.
Above all, it cannot be emphasized enough that you need to get a good, expert attorney, and now.
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For more on this subject check out these categories: Family Law, Child Custody, Child Protective Services (CPS)
Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
