If Child Protective Services (CPS) Takes Our Children, Can We Assign Custody to Someone We Choose?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“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.

Recommended reading:
Protecting Children From Child Protective Services