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Is it ever a good idea to get CPS involved in a custody battle?

On Behalf of | Jun 22, 2019 | Firm News |

In high-conflict divorce cases, custody battles are fairly common. In an attempt to help their cases, some parents in Texas may think that calling Child Protective Services will allow them to receive the custody arrangements that they desire. The truth is, though, it can have the opposite effect. This may leave you wondering if it is ever a good idea to get CPS involved.

The Texas Department of Family And Protective Services does not exist to help divorcing parents with their custody battles. The goal of this department is to remove children from harmful home situations. If you believe that your child is unsafe being around your soon-to-be ex, then it is appropriate to report the issue to CPS. However, some parents call CPS for the wrong reasons.

The consequences of making a call

When getting a divorce, it is normal to feel emotional and protective of children involved. This can cause people to make decisions that end up hurting them in the long run rather than proving helpful. Calling CPS is one of those decisions that people often make in a moment of anger during a high-conflict divorce. If you are thinking about making that call, take a breath and consider the following:

  • CPS agents have a lot of power when it comes to determining with whom children will live.
  • It is possible for an agent to remove children from the home.
  • It is possible for a CPS agent to declare both parents unfit to care for their children.
  • It is possible that your children could end up in the care of relatives or in foster care.
  • If you or your spouse make false accusations against one another, there may be criminal consequences as well as negative repercussions in a custody case.

A better way to obtain custody

If you believe that a certain custody arrangement should exist, you have a better chance of achieving it by taking the issue to court and presenting your case with help from an experienced Board-certified Family Law expert attorney in Collin County, Denton County, Dallas County, Grayson County, or elsewhere throughout Texas. The court will expect you to have a good reason for your request with evidence to back it up.

If there are concerns for your child’s safety, calling CPS may be the appropriate choice; however, you can do what you feel is best in order to keep your children safe while working to achieve a custody plan that is best for them with help from legal counsel.