What to Do if CPS Wants You to Violate Your Custody Order
My question involves child abuse or neglect in the State of: Washington
My husband has two kids from his previous relationship. The kids talk often about their mom playing rough with them while drunk, such as biting, pinching, and crushing them till they cannot breath. However, there have been no marks with which to substantiate these claims.
Recently a cps investigation opened against their mom regarding the alleged abuse occuring in her home. Cps called my husband and had him pick up the children from school and told him to file for temporary custody. When he tried, the court told him that the investigator of the case has to appear as a witness to support his request, but that there isn't likely enough evidence to get the request approved.
There is a parenting plan in place detailing living arrangements between us and her, and because cps had us take the kids, we have been in violation of it. If we don't return the children to her, I'm worried she will press charges against my husband, but the kids do not want to go back to her or even see her.
Could we be in trouble with cps for returning the kids? I don't want them to go back, because they are scared, but we can't afford any legal trouble or a lawyer to help us. We don't know if cps has filed the case with the court.
Re: What to Do if CPS Wants You to Violate Your Custody Order
When you spoke with the case worker about your inability to convince the custody court that there was a valid basis to modify the custody order, and that the court expected you to follow its order, what did the case worker say?
Re: What to Do if CPS Wants You to Violate Your Custody Order
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Mr. Knowitall
When you spoke with the case worker about your inability to convince the custody court that there was a valid basis to modify the custody order, and that the court expected you to follow its order, what did the case worker say?
We have not managed to contact our case worker about it yet. My husband left a message with them yesterday, and has not heard back. The children are scheduled to go back to their mom's house tomorrow if we cannot get it sorted out.
Re: What to Do if CPS Wants You to Violate Your Custody Order
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TBHRiseAgain
We have not managed to contact our case worker about it yet. My husband left a message with them yesterday, and has not heard back. The children are scheduled to go back to their mom's house tomorrow if we cannot get it sorted out.
I understand your dilemma. Your husband is kind of between a rock and a hard place. If he gives the children back to mom, and CPS decides that there really is a problem at mom's house, CPS could yank the children from both of them and put them in foster care. If CPS decides there is no problem or does not continue one with their investigation then the family court judge could find dad in contempt of court.
You really need to get ahold of that case worker or the case worker's supervisor.
Re: What to Do if CPS Wants You to Violate Your Custody Order
The case worker finally responded and said they don't want the children with their mom still, but they have not yet decided on a course of action it seems. So as long as she continues to agree with the kids being with us, we are not in contempt, but we will be in contempt of she changes her mind? Is there a way to protect ourselves from this happening in the meantime?
Re: What to Do if CPS Wants You to Violate Your Custody Order
Get things from CPS in writing would be one.
Re: What to Do if CPS Wants You to Violate Your Custody Order
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TBHRiseAgain
The case worker finally responded and said they don't want the children with their mom still, but they have not yet decided on a course of action it seems. So as long as she continues to agree with the kids being with us, we are not in contempt, but we will be in contempt of she changes her mind? Is there a way to protect ourselves from this happening in the meantime?
The caseworker doesn't decide whether or not your husband would be in contempt; that would be up to a judge. The caseworker's response may help him defend against a contempt charge, but that's about it.
Re: What to Do if CPS Wants You to Violate Your Custody Order
If you want to do this right, then an emergency temporary custody hearing would probably be the best avenue to get everything nailed down.
But I doubt you have much to fear. As long as you have something in writing from CPS, then you are working based on their request, and putting the safety of the kids first. If mom did drag you to court, I would genuinely be surprised if you were considered in contempt.