What to do if Child Protective Services calls

Relationships can be complicated, especially when children are involved.

In my practice, I get frantic calls from anxious parents who have been reported to Child Protective Services by their estranged partners or others.  Unfortunately, CPS is often misused in an attempt to gain false leverage in a custody case. Sometimes, they’re used just to get revenge on partners who want out of a relationship.

This leaves CPS workers in the middle of domestic fights that cloud the truth of what is really going on in the home.  

In one situation I recently encountered, there were allegations that an estranged husband provoked an argument and then videotaped the exchange out of context to gain sympathy with CPS.  In another case, an estranged wife allegedly coached a child to imply falsely that the father was emotionally abusive.

It goes without saying how this behavior can damage children who want desperately to please their parents.

CPS workers try hard to be objective, but at the end of the day, they’re only as effective as the information they receive - which is by no means objective. 

Judges try to decide what is in the “best interest of the child” based on the CPS recommendation and the accused person’s defense/case. So, it’s imperative to get as much information about the home life and the child before the court.

There are a couple ways in which an attorney can get this information before the court. One is to provide documents related to a child’s good mental and physical health as well as educational records. Having a steady job and income can also work in the accused party’s favor as will a clean criminal record. Moreover, if a child is 12 years or older, the attorney can request that the judge interview the child in the judge’s chambers. This way, the child is not under pressure from any parents and can speak more freely.

An attorney can also discredit false information through a variety of tactics including testimony of character witnesses, expert analysis of the child, background and financial checks of opposing parent, etc.  

After hearing all the information, the judge will consider the CPS recommendations and documentation and testimony provided through the attorney before deciding what’s best for the child.

Whatever the outcome, some decisions can be appealed and revisited to update the court on changing circumstances.

The bottom line is, if CPS calls, the next call should be to an experienced family law attorney. The attorney is your best defense when child custody gets ugly and CPS is dragged into the mess.