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

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“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.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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



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Author: Anne P. Mitchell, Esq.

Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook"

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