Facing a Child Protective Services case is an extremely serious matter. Among the different types of family law cases, CPS cases are among the most impactful. Your entire life will be examined as a part of the CPS case. All the while, your relationship with your child is at risk. Preventing the removal of your child from the home and attending to matters regarding your child’s safety are paramount.
Today’s blog post from the Law Office of Bryan Fagan focuses on the three things you should most be worried about in a CPS case. Our attorneys know how to serve families going through difficult CPS cases. If you have any questions about the material contained in today’s blog post please do not hesitate to reach out to our office. We can help you to develop a plan and approach your CPS case with a goal-oriented mindset. Acting intentionally is a key part of this strategy.
Do you feel like you do not have a plan currently? Are there concerns with the future of your family? Do not hesitate to reach out to the Law Office of Bryan Fagan. Our attorneys do not back down from a challenge. Instead, we thrive in circumstances involving Child Protective Services. Our goal is to align ourselves with you and your family in a mission of service.
Worry #1: Potentially losing custody of your children
“Custody” is a term that is used very often in child custody cases. As a result, we need to spend some time discussing what child custody means exactly. When we use the term child custody, we are referencing care and control of your child. At its most basic level, having custody of your children means being able to physically possess them. This coincides with the concern of many parents during a CPS case. Namely, that you will not be able to spend as much time with your children as you are accustomed to.
Beyond physical possession of your children, custody also incorporates elements of rights and duties associated with your children. Indeed, the ability to make decisions for your children is a huge part of parenting. Therefore, parents in CPS cases need to understand that parenting time must be held in tandem with parental rights and duties. These are the hallmarks of parenting. Do not lose sight of the importance of either area as you proceed into a CPS case.
It is well known that in a CPS case, the removal of your child is possible. The idea that your child may no longer live with you is enough to make any parent feel uneasy. As a result, you need to prepare yourself for the possibility of an extended CPS case. Working with an experienced family law attorney with the Law Office of Bryan Fagan can go a long way toward helping you maintain contact with your child and avoid the possible removal of him or her from the home. Contact us today for a free of charge consultation.
What can lead to you losing custody of your child?
Losing custody of your child in a CPS case is not something that happens immediately. CPS will initiate an investigation into your family after receiving credible reports of abuse or neglect. These reports come anonymously to the agency. You will not be able to find out who contacted CPS and made an allegation of abuse or neglect. All you will be able to tell the agency is interested in speaking to you and your spouse about the allegations. How you approach the allegations is up to you.
Initially, you are likely under no requirement to speak to Child Protective Services. The same idea you do not have to allow a law enforcement officer entry into your home applies to Child Protective Services. If a Child Protective Services investigator or caseworker asks you permission to enter the home you do not have to grant that permission. Rather, you are within your rights to deny them entry or access. However, CPS may obtain a court order which allows them to enter your home.
Once you grant CPS entry into your home it becomes much easier for them to obtain evidence or information. This can help to substantiate the allegations made in the anonymous CPS report. Talking with an experienced CPS defense attorney can be a great way to help you determine whether to participate in the CPS case. The attorneys with the Law Office of Bryan Fagan are available to speak to you about whatever circumstance you are involved with in a CPS case.
When does the risk of custody loss come about when facing a CPS case?
CPS does not remove every child from the home of a parent being investigated. Most children remain in the home throughout the entirety of a CPS investigation. For one thing, the CPS investigation may yield no information that leads CPS to believe abuse or neglect has occurred. As a result, the investigation may conclude quickly. At that point, you will be notified that the CPS investigation was either unable to determine or ruled out a finding of abuse or neglect.
On the other hand, as CPS investigation may be prolonged. This occurs when CPS has the impression that abuse or neglect of your child has occurred. In that case, they may seek additional information before coming up with a specific finding. The agency may be attempting to receive additional information or evidence in the form of interviews or other documents. During the pendency of the investigation, CPS may ask a court to remove your child from the home.
It is because of concerns over the safety of your child that they may be removed from your home. CPS will a court order granting them temporary custody of your child. This does not mean that your parental rights are terminated. However, it does mean that CPS would have the primary ability to make decisions on behalf of your child. This includes a determination about where your child lives.
When are you able to contest the removal of your child and loss of custody?
While your child is out of your home that does not mean that you have no custody rights to him or her. While CPS may have primary decision-making authority you still retain some conservatorship rights and duties. Within two weeks of CPS taking custody of your child, the agency must allow you a hearing before a judge. In that hearing, a judge would determine whether substance show evidence exists that requires your child to be placed in the continuing care of CPS.
In most CPS cases, this is your first opportunity to regain primary custody of your child. Therefore, putting your best foot forward when it comes to custody is a major step you need to take. Preparing with diligence for this hearing is crucial. This means anticipating the arguments of CPS and having evidence available to counter those arguments. However, the reality is that for most people this is a task out of their comfort zone. Even the most well-meaning and preparative parents cannot always accurately anticipate the arguments of the government.
In this situation, please consider contacting the Law Office of Bryan Fagan. If you have a Child Protective Services hearing upcoming then you do not have a moment to waste. The attorneys with our office can help families just like yours prioritize the well-being of your child. Additionally, we have the experience you need to effectively counter the arguments of CPS and their attorneys. A free-of-charge consultation with our attorneys is only a phone call away.
Facing CPS Worry #2: Legal and financial strains
Child Protective Services cases are among the most stressful in all of family law. Additionally, there are concerns many parents have as far as attending to the legal and financial ramifications of a CPS case. As with any family case, a CPS matter involves a range of topics and areas of your life. As a result, it is difficult to make an argument that the CPS case Can be managed without considering all areas of your life and that of your child.
Beginning with concerns related to the CPS case itself. Specifically, we are referencing going through the family court to manage the case in front of a judge. Family courts treat CPS cases seriously. The judge in your case will understand that the well-being of your child is most important. Any indication that you are unable or unwilling to attend to the daily needs of your child will be met with unfavorable results in court. Bearing this in mind, you need to have a plan to show the court that you are paying attention to the details of your case.
Reading blog posts like this one is a great place to start. The attorneys with the Law Office of Bryan Fagan focus our practice on family law cases like those involved with Child Protective Services. We provide our clients with a great deal of education and information during their cases. We approach each case involving CPS with a personalized touch. Our attorneys understand that your family needs an individualized plan to deal with the challenges of a CPS case.
Financial challenges that come with a CPS case
Worrying about financial matters causes you to take your attention away from the relevant circumstances of your case. However, it is completely understandable to be concerned about finances as you approach a family law case. For one, CPS cases may require you to spend some money on parental training and classes. While some coursework in classes may be paid for by Child Protective Services this is not the norm.
Rather, in most situations CPS will recommend classes and training for you to take. The cost of the training is usually borne by you, the parent. While you can look at these costs as a short-term investment into your long-term future it still does not take away the immediate concerns over paying for them. Having money in reserve as an emergency fund Is it nice goal to have but may be unrealistic. This is especially true when you find out that the CPS case has been filed completely out of the blue.
Instead of worrying thinking about the fate of your family why not use your time productively? One of the things you may be able to do, especially if your child is removed from the home, is find a second or even third job. This hardly sounds like a good time. It is a more productive time than worrying about the case. All the worrying in the world will not change the outcome of your case. Finding additional sources of income for the duration of your CPS case is a reasonable goal.
Facing CPS Worry #3: The future impacts of a CPS case
CPS cases tend to have long-term impacts on those families who are affected. While it is impossible to predict the future, it is nonetheless reasonable to guess that your family will see some long-term impact from this case. For instance, moving forward your next few months may be preoccupied with a CPS case. Even if CPS ultimately declines to make a finding in your case that does not take away from the overall time and financial commitment you must put into a defense.
There are family planning meetings, safety plan meetings, and court dates. These are times when you may need to miss work or other obligations to attend. Depending upon the nature of your case there may also be limited opportunities to see your child. Those opportunities that are made available could be at a CPS facility or other supervised visitation location. You may have to incur travel costs to see your child.
There are also costs associated with household repairs, attorneys’ fees, and parenting classes. These costs may be more short-term than anything else. Again, however, these are still costs that need to be paid. Most people will be caught off guard by a CPS case both from a relational and financial perspective. Being able to focus on the future of your family means first sorting out any matters related to the current CPS case. An attorney with the Law Office of Bryan Fagan is well-suited to address these issues with you.
The impact of facing a CPS case on future family law cases
Having a CPS case in your history as a parent makes a difference when it comes to issues related to future family law cases. Not only should you worry about your current CPS case but any subsequent family law case related to your child. For instance, consider a situation where your co-parent files a modification case in the future. Your co-parent’s motivation for having filed the modification case could be your prior involvement in a CPS case. It remains to be seen whether your history with CPS would represent a material and substantial change in circumstances.
Depending upon what is proven in the CPS case you may be facing a less than favorable circuit that’s his involving the well-being of your child. Suppose that your child was put in harm’s way. How would that affect your ability to parent your child in the future? Would you be able to maintain primary conservatorship in the face of a potential modification filed by your co-parent? Again, we can speculate on these hypothetical situations here. However, you may be facing a real-life circumstance affecting your child and their well-being.
A CPS case is a real threat to your child and your relationship with him or her. Having a plan that is geared toward the success of your family is a great starting point. Minimizing future impacts, both short-term and long-term, from the CPS case is essential. The more prepared and diligent you are in the CPS case the greater chance of success you and your family will have in the long term.
Final thoughts on facing a CPS charge
Having an allegation made against you in the context of a CPS case is an intimidating proposition. It is not as if this is a challenge that you can afford to take lightly. Leaning on friends and family for support is a good place to start. They can help you identify things you are most worried about in gear a plan toward solving those problems.
An experienced family law attorney can help you defend yourself in the context of a CPS case. The attorneys with the Law Office of Bryan Fagan thank you for joining us today here on our blog. We post unique and informative content seven days a week.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
