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  1. #1
    Join Date
    Sep 2016
    Posts
    2

    Default Will a CPS Investigation Cause You to Lose Custody

    My question involves a child custody case from the State of: New York

    I am the father of two kids, 9 and 10. Currently have joint legal custody and joint placement (50/50). Ex wife has petitioned the court to grant her sole placement and legal custody. I have been recently indicated in a CPS case for inadequate guardianship, and she has some email stuff that might go against me, but otherwise a lot of her case is hearsay from the kids.

    I am a little concerned that the attorney for the kids said that they verified a lot of what is in my ex's petition, BUT he also said he is obligated to represent what the kids wishes are. The kids wishes are for things to stay the way they are. I am wondering how big of a deal the CPS thing will be and if it will help me that the attorney for the child is on my side about not changing custody. And any other advice on how to proceed. My attorney did recommend my ex and I see and counselor separately to work on co-parenting, and I am going to do that and hoping that will also go in my favor.

  2. #2
    Join Date
    Dec 2013
    Posts
    835

    Default Re: Will I Lose Custody

    Nobody is going to be able to tell you if you are going to lose custody. Even if you did provide the details of what is happening. If you have an attorney you should be consulting them regarding the details of the CPS case, and what your options are.

  3. #3
    Join Date
    Sep 2016
    Posts
    2

    Default Re: Will I Lose Custody

    Thank you I understand I'm just hating this waiting game and trying to get more information. I have emailed my attorney but sometimes it takes awhile to hear back from him.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Will I Lose Custody

    Quote Quoting eee
    View Post
    Thank you I understand I'm just hating this waiting game and trying to get more information. I have emailed my attorney but sometimes it takes awhile to hear back from him.
    One thing that you need to be aware of is that the CPS case against you and the modification that mom has filed are really two separate things. In a way, since you have been "indicated" it could possibly be much better for the children if mom were to succeed with changing custody, as that would take CPS out of the loop regarding your children. If custody is to remain the same, then you are likely to have to jump threw some serious hoops with CPS and the children will be under the control (whether formal or informal) of CPS for at least the short term future.

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