Skip to main content

Under what circumstances can CPS take away my children?

Billings, MT |
Filed under: Child abuse

Can CPS just take my children away from someone reporting to witness I abused my children? Under what circumstances can CPS take away my children?

.

Attorney Answers 2

Posted

Not without substantiating the claim . There's a laundry list of reasonsand circumstances they could do what you're asking about. My suggestion: hire a lawyer and cooperate with them.

Mark as helpful

Posted

A report requires an investigation. If the report substantiates abuse or neglect that endangers the children, CFSD can remove the children under emergency authority. Any intelligent CPS can find a reason to remove or ask the county attorney to file an action. You should consult with a family law or child abuse and neglect attorney right away. If a court action is filed you can ask for a public defender. But you may need help during the investigation phase.
A lawyer can help you understand your rights and your childrens rights and how much to cooperate, if at all.

DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the reader may rely as the commenter has no actual knowledge of the facts of the case, has not interviewed persons or examined evidence, and has not researched the applicable law. The comment is based only on the facts provided, which are extremely limited, and may or may not be true. Complete defenses may prevent the success of any claim. Competent legal advice should always be obtained before taking any legal action or filing suit. Readers employ any information provided herein at their own risk.

Mark as helpful

Child abuse topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics