Can You Give Temporary Custody To Avoid CPS?

Temporary Custody To Avoid CPS

Can I give someone temporary custody to avoid CPS?

In this article, you’ll learn about:

  • reasons you can give someone temporary custody
  • whether or not you can give someone temporary custody to avoid CPS

Let’s dig in.

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Can You Give Someone Temporary Custody To Avoid CPS?

No, you cannot give someone else temporary custody to avoid Child Protective Services (CPS).

Child protective services get involved when there are reports of neglect or abuse.

These investigations include:

  • personal interviews with children, family members, and family friends
  • forensic interviews
  • medical exams
  • evidence-based mental health services

You need to have a court order to give temporary custody to someone else.

The judge will not allow you to give someone temporary custody to avoid CPS.

What Is Temporary Custody?

Temporary custody is a short-term custody arrangement.

The parents will give custody rights of the child to someone else for a short period of time.

During this time, the parents or CPS will need to figure out a more permanent arrangement.

The judge will want to do what’s in the best interest of the child.

During this period of time:

  • you lose your parental rights
  • you lose legal custody of the child
  • child support is still owed to the person with custody of the child

Reasons You Can Give Someone Temporary Custody Of A Child

There are several reasons why you can give someone temporary custody of your child.

They include:

  • competing responsibilities between two parents
  • divorce between parents
  • domestic violence in the household
  • lack of financial resources to take care of the minor child

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Here are some other questions we get about giving temporary custody to avoid CPS cases.

Does CPS Visit At Night?

Yes, CPS visits at night.

CPS social workers make unannounced home visits at night.

They do this to catch you when you are not prepared.

When Does DCFS Take A Child?

DCFS will take the child if they find evidence of child abuse or neglect.

They will take a child and place them in the care of:

  • a caregiver
  • foster care
  • extended family

They will give this person conservatorship and put them in charge of the child’s well-being.

If the child’s health is in serious jeopardy, the parents will lose permanent custody.

Sometimes the child’s parents that lose legal rights to their child will still have visitation rights.

It depends on the decision from the family court.

The family courts base their decisions on the recommendation of:

  • social services
  • law enforcement (if involved)

During the investigation, the family courts will give the parents temporary orders that outline:

  • physical custody
  • an emergency custody order (if parents are losing custody)

Can Grandparents Get Custody From CPS?

Yes, grandparents can get custody from CPS.

DCFS can grant the grandparents temporary custody of the child during the CPS case.

The grandparents will need to petition the courts to get temporary custody from CPS.

How To Get Your Grandchild From CPS

To get your grandchild from CPS, reach out to the CPS officer and:

  • request to get temporary custody of your grandchild
  • perform home and face-to-face visits with CPS
  • fill out all of the paperwork to get your grandchild from CPS
  • show up to the court to present your case

Fill out the form on this page to have an attorney give you the proper paperwork.

If CPS Takes Your Child Can You Have Another Baby?

Yes, you can have another baby if CPS takes your child.

But, CPS has the ability to take the new baby when it’s born.

Let’s say that you have had your child taken by CPS.

This is because the courts have deemed you as an unfit parent.

Reach fill out the form below to have an attorney make sure CPS won’t take your baby.

Does CPS Require A Child To Have Their Own Room?

No, CPS does not require a child to have their own room.

They just require you to have a dedicated for them.

No more than 2 children are able to share a room.

How Long Does It Take For CPS To Show Up?

It will take 24-72 hours for CPS to show up after you’ve been reported.

Can A CPS Case Get Transferred To Another State?

Yes, you can get a CPS case transferred to another state.

But, the courts like to keep the CPS investigation in their control.

You can petition the courts to transfer your CPS case to another state through your case worker.

Can A Judge Dismiss A CPS Case?

Yes, a judge can dismiss a CPS case if CPS doesn’t provide evidence of abuse or neglect.

Needing Temporary Custody To Avoid CPS?

You can’t give someone temporary custody to avoid CPS.

But you need a family law attorney to defend you.

The family courts and social workers are trying to prove child abuse and neglect.

You need a law firm that is experienced in representing parents with CPS.

Fill out the form below to protect yourself from losing custody of your child.

Talk soon.

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We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
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