CPS involvement during a divorce often catches parents off guard. It can feel like every decision and past mistake is suddenly under a microscope. Understanding what triggers CPS action and how your responses can shape the outcome is key to keeping control of your case.
In the video, Atty. Heather Ogier of Turner-Monahan PLLC explains how giving CPS too much information or not calling a lawyer early can harm a parent’s custody case. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
When CPS Gets Involved in a Divorce
When Child Protective Services (CPS) becomes involved during a divorce, the situation can become complicated very quickly. The investigation can affect custody, visitation, and even your relationship with your children. Many parents panic or act without proper guidance, and that’s often where things go wrong.
At Turner-Monahan, we have seen how stressful this process can be and how one simple mistake can make things worse. The most common mistake parents make is not calling a lawyer right away. Having legal support from the beginning is one of the most important steps you can take to protect yourself and your family.
Understanding Why CPS Steps In
CPS doesn’t get involved in every divorce. They are usually called when someone reports concerns about a child’s safety or welfare, such as neglect, domestic violence, or substance use.
Sometimes these reports come from the other parent, a teacher, or even a family member. Knowing why CPS is investigating helps parents stay focused on the specific issue instead of reacting out of fear or frustration.
Giving Too Much Information to CPS
When CPS reaches out, parents sometimes feel the need to explain everything or over-share personal details. They might believe being completely open will help their case, but that can actually hurt them. CPS is usually investigating a specific allegation, not your entire personal history.
Some parents unintentionally reveal things that lead to bigger problems. For example, if the allegation involves substance abuse and you mention that the other parent is using drugs, you might think you are helping. But if you add that you once used those substances together in the past, CPS may decide to test both parents. Suddenly, what started as one investigation turns into a much larger issue.
This is why getting legal advice early matters. An attorney can help you understand what information you should or should not share and guide you through each step carefully. Without that support, a parent might say something that seems harmless but could seriously affect their case.
Why Legal Guidance Matters
A CPS investigation during a divorce can feel overwhelming, especially when emotions are high. Having an attorney on your side gives you a clear understanding of what to do, what to avoid, and how to respond to questions properly. It’s not about hiding anything, it’s about making sure your rights are protected and that you don’t make statements that can be misunderstood or used against you later.
At Turner-Monahan, we help parents understand their situation, communicate effectively with CPS, and take the right steps to safeguard their custody and visitation rights. Calling a lawyer as soon as CPS gets involved can prevent small issues from turning into much bigger problems.
How Parents Can Prepare for a CPS Visit
If CPS contacts you, stay calm and polite. Have your home in safe condition, keep medical and school records organized, and avoid emotional confrontations. Write down who visited, what they asked, and what you said. Small details matter. These notes help your attorney guide you and ensure that CPS’s report reflects the full truth of your situation.
What the Texas Family Code Says About CPS and Custody
The Texas Family Code provides clear guidance on protecting children while safeguarding parents’ rights during investigations.
Section 261.101: Duty to Report Abuse or Neglect:
This section requires certain individuals, such as teachers or doctors, to report suspected child abuse. Understanding this helps parents know that sometimes a report comes from a mandatory reporter, not necessarily from the other parent.
Section 262.201: Hearing and Temporary Orders:
After CPS removes a child or limits contact, the court must hold a hearing quickly to decide whether the child should remain out of the home. Parents have the right to present evidence and have an attorney represent them at this stage.
Section 153.002: Best Interest of the Child:
Every custody and visitation decision, even during a CPS investigation, must be based on the child’s best interest. Showing cooperation, honesty, and a stable environment can make a strong difference in how the judge interprets your case.
Section 107.013: Appointment of an Attorney:
This section ensures that parents facing serious CPS actions, such as possible removal, can have legal representation. If you can’t afford one, the court may appoint an attorney to protect your rights.
These laws are meant to keep children safe while preventing unnecessary family disruption. Knowing them helps parents respond confidently and avoid feeling powerless during the process.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
CPS involvement in a divorce can be stressful, but the right steps can protect both your rights and your relationship with your child. Stay calm, stay informed, and don’t face it alone.
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.
