When CPS gets involved during a divorce, it often adds stress and confusion to an already difficult situation. Parents may not know what to expect, how serious the investigation is, or what it means for their custody case.
In the video, Atty. Heather Ogier of Turner-Monahan PLLC discusses how CPS investigations affect custody decisions and how the court uses those findings to decide who gets custody. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
CPS Involvement During a Divorce
When Child Protective Services (CPS) becomes involved in a divorce case, it can have a major impact on custody decisions. Many people assume CPS decides which parent is more fit to have custody, but that’s not entirely accurate.
How CPS Investigations Work
CPS conducts an investigation whenever there is an allegation of abuse. The type of abuse determines how the investigation is handled. At the end of the investigation, CPS issues a finding that includes the names of the alleged perpetrator or both parents, depending on the situation.
Their findings usually fall into one of the following categories:
- Reason to believe: CPS confirms that the reported abuse occurred.
- Unable to determine: CPS did not have enough information or evidence to confirm or deny the allegation.
- Ruled out: CPS found no evidence that the reported abuse happened, or the allegation was determined to be false.
These findings help CPS identify who the “safe parent” is. Their main goal is not to decide who is the more capable parent but to ensure that the child is placed with the parent who poses no risk, the non-offending or ruled-out parent.
How CPS Gathers Information
During an investigation, CPS speaks with both parents, the child, teachers, neighbors, and sometimes medical professionals. They may visit the home, observe the environment, and look for signs of neglect or abuse. Even if the allegation seems minor, CPS takes every report seriously.
Cooperation and honesty are important, but it is equally important to understand your rights before making any statements or signing documents. Having legal guidance early in the process can help you avoid misunderstandings that may affect the outcome of your case.
What Happens After CPS Finishes the Investigation
Once CPS completes its investigation, they will share their findings with the court. In some cases, CPS may recommend a safety plan, supervised visitation, or temporary placement with another family member. These recommendations are not final orders but can influence the court’s decision.
Judges often consider these reports when deciding which parent should have temporary or long-term custody. Parents who disagree with CPS findings have the right to challenge them through a legal process, which can include requesting a review or providing additional evidence.
Who Decides Custody
While CPS plays an important role, the final decision about custody belongs to the court, not CPS. The judge reviews CPS findings, listens to the caseworker’s input, and considers all available evidence before determining which parent will have primary custody.
At Turner-Monahan, we understand how stressful this process can be for families going through a divorce. Our attorneys help parents understand CPS involvement, protect their rights, and work toward a custody arrangement that puts the child’s safety and well-being first.
The Importance of Documentation
Keeping clear records can make a major difference during and after a CPS investigation. Parents should document all communications with CPS workers, note any home visits, and save copies of letters or reports.
Consistent documentation helps protect against inaccurate findings and can be valuable evidence in court. It also shows that the parent is proactive, organized, and serious about their child’s well-being.
How CPS Findings Affect Future Custody Modifications
Even after a divorce is finalized, CPS findings can continue to impact custody arrangements. If one parent is found responsible for abuse or neglect, it can lead to long-term limitations on visitation or decision-making rights.
On the other hand, if allegations were ruled out, the cleared parent may use that finding to support future custody modifications. Courts often revisit these records when parents seek to change existing orders, especially if new safety concerns arise.
What the Texas Family Code Says About CPS and Custody
The Texas Family Code provides clear guidance on how child safety and custody should be handled when CPS is involved.
Section 153.002 states that the best interest of the child is the primary consideration in determining conservatorship and possession. This means the judge must always focus on what protects the child, not what benefits either parent.
Section 261.001 – 261.301 outlines how abuse and neglect are defined and how CPS must conduct investigations. It requires caseworkers to gather credible evidence before making a “reason to believe” finding.
Section 262.201 discusses emergency removals. CPS can remove a child temporarily only if there is immediate danger to their physical health or safety. A hearing must then be held quickly to decide if the child should stay removed or return home.
Section 153.004 prevents courts from granting custody to a parent with a history of family violence, child abuse, or neglect. If CPS confirms such behavior, it can significantly affect that parent’s ability to have unsupervised access.
These sections work together to ensure that both CPS and the courts make decisions based on credible evidence, child safety, and fairness.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
When CPS becomes part of a divorce case, understanding how their investigations and findings fit into the court process can make all the difference. Knowing your rights, keeping records, and seeking timely legal help are key to protecting your family.
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.
