Divorce cases can be complicated, especially when Child Protective Services (CPS) gets involved. The presence of CPS can significantly affect custody, possession, and access arrangements during the divorce process. Understanding how CPS involvement works and what it means for your case is important.
In the video, Atty. Heather Ogier of Turner-Monahan PLLC discusses how CPS involvement during a divorce can affect custody cases, explaining the impact of false allegations, mandatory reporting, and the importance of parents proving they can provide a safe environment for their children. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
How CPS Becomes Involved
CPS may become involved when there are allegations of child abuse, neglect, or unsafe conditions. These reports can come from many sources. Sometimes, a parent or even a relative of a parent may make a report to CPS while a divorce is pending. Unfortunately, this sometimes happens as a way to gain an advantage in the custody battle.
If the report turns out to be false, it can harm the person who made the false claim. Judges take false allegations very seriously, and making one can weaken that person’s case for custody.
However, if the report is valid, CPS will take immediate action to ensure the safety of the child. Reports can be made by a variety of mandatory reporters. These include:
- A child’s therapist
- A school counselor or teacher
- A police officer
- A healthcare professional
In some cases, even someone who is not directly involved with the family may file a report if they have concerns about a child’s safety.
What Happens When CPS Starts an Investigation
When CPS begins an investigation, it can slow down the divorce process. The court may pause custody proceedings until CPS completes its investigation. This is because the judge needs to know if the child is in danger before making final custody decisions.
If the court is already involved, CPS workers may testify in court about their findings. They may also bring additional witnesses to support their report. This testimony can greatly influence the judge’s decision about where the child will live and which parent will have custody.
How CPS Findings Affect Custody Outcomes
The outcome of a CPS investigation often plays a key role in custody decisions. If CPS confirms that abuse or neglect has occurred, the court may limit or completely remove the offending parent’s custody rights. This could include supervised visitation, mandatory parenting classes, or, in severe cases, termination of parental rights.
Even if CPS does not find evidence of abuse, the fact that an investigation occurred can still influence how the court views each parent’s ability to provide a safe environment. This is why cooperation and transparency during an investigation are essential.
Court Action and Emergency Situations
There are situations where a judge may need to take immediate action. In some cases, a judge may stop a hearing and ask whether there is anyone available to care for the child if neither parent is suitable.
If there is no safe alternative, the judge can call CPS to come to the courtroom and take custody of the child. This is a difficult and emotional experience for everyone involved and can have a major impact on the outcome of the case.
The Importance of Being a Safe Parent
At Turner Monahan, we work to educate our clients about how their behavior can affect custody decisions. It is important to understand that if one parent accuses the other of abuse or drug use, both parents must demonstrate that they are safe and responsible caregivers.
If both parents are using illegal substances or engaging in physical fights in front of the children, neither parent will be viewed as a safe option by the court. In that case, CPS may have to take custody of the children to protect them.
The best way to protect your parental rights is to show the court that you can provide a safe, stable, and healthy environment for your child.
False Allegations and Their Legal Consequences
False CPS reports are more common during heated divorces than many realize. In Texas, making a false report is not only damaging to a custody case but can also lead to criminal charges. Courts take these allegations very seriously because they waste resources and can harm the child emotionally.
If a parent is found to have knowingly made a false claim, it can lead to fines, loss of credibility in court, and reduced custody or visitation rights. This is why having evidence and proper documentation is important when defending yourself against false accusations.
Steps Parents Can Take During an Investigation
Parents involved in a CPS investigation should take specific steps to protect their case. Keeping a record of all communications, following court orders, and attending all hearings are vital. It is also helpful to gather witnesses who can speak to your parenting abilities, such as teachers, neighbors, or family friends.
Staying calm and cooperative with CPS workers shows the court that you are focused on the child’s well-being. Parents should also seek legal guidance immediately to ensure their rights are protected at every stage of the process.
What the Texas Family Code Says About CPS and Custody
The Texas Family Code provides clear guidelines on how child protection and custody matters should be handled. Some key sections include:
Texas Family Code Section 261.101: Duty to Report
This section explains that certain people, such as teachers, doctors, and counselors, must report suspected child abuse or neglect. Failing to report can lead to penalties. It also states that any person who believes a child is being harmed may make a report.
Texas Family Code Section 153.002: Best Interest of the Child
The primary consideration in all custody cases is the best interest of the child. This means that if CPS finds a child is unsafe, the court must take action to protect the child, even if it changes custody arrangements.
Texas Family Code Section 263.401: Timeframes for CPS Cases
This section outlines how long CPS has to complete its investigation and take the case to court. Timely investigations ensure that decisions are made quickly to protect children while also allowing parents to move forward with their divorce.
Texas Family Code Section 153.073: Parental Rights and Duties
This section explains the rights and responsibilities of parents, including making decisions about the child’s education, healthcare, and living arrangements. When CPS is involved, the court may temporarily limit these rights if safety is a concern.
By understanding these laws, parents can better prepare for how CPS findings might influence the court’s decisions.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
CPS involvement during a divorce can shape the future of your custody case in powerful ways. Taking the right steps early, staying informed about your legal rights, and focusing on your child’s safety are all crucial.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “What Happens If My Ex Moves Without Telling Me?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
