Child Custody Battles and Child Protective Services (CPS)
Ranked #82 in Relationships & Family, #10,926 overall
If you're separated or divorced - think twice about calling CPS on your ex because you could risk your child's future.
Divorced or separated parents often have child custody disagreements. Those that call Child Protective Services (CPS) on their ex's are often dismayed with very negative unintended consequences.
Child Protective Services caseworkers can play both parents against each other, put the child in foster care, terminate parental rights, and adopt children out to strangers! Beware!
Remember this...
The proper place for a child custody dispute is in Family Court (Divorce Court) - not with a Child Protective Services (CPS) agent.
A Warning to Separated Parents
...put your kids first!
Even if you're convinced you would be a better custodial parent than the other parent, I recommend you NOT call Child Protective Services (CPS) to try to keep the other parent from seeing your child.
File a child custody modification petition in Family Court (Divorce Court) instead! (And you had better collect a lot of believable evidence.)
CPS agents, sometimes called "social workers" though they may not possess a social work degree, can wreak havoc in YOUR life, cause trauma for you and your child, and turn a bad situation into something much worse.
Here's how it happens:
1. The CPS agent takes your call, listens to your complaints, and writes them down.
2. The CPS agent goes to visit the other parent. The other parent makes complaints about YOU. The CPS agent writes those down.
3. The CPS agent now has a case file hidden from both parents that contains allegations against both of you. They can drop the case or pursue it. If you're lucky, they drop it. If you're not lucky, they take you to court and / or make you complete "services". You have to deal with the fact that your life is no longer your own; you are being told what you must do by government agents. It is very unpleasant!
4. The CPS agent may make decisions that you believe are the wrong ones. Many parents who called CPS had their children taken away and given to the other parent. Some believe that complaining parents are "alienating" children from the other parent. They believe the habit of making CPS complaints is emotionally abusive to the children involved.
5. Worse yet, the CPS agent can decide that BOTH parents are pathetic and neglectful, and take the child to a foster home.
6. While the CPS case is open the parents have to complete a "service plan" that is anything but a service to you. It is used as a way to get more evidence against you.
7. After keeping children in foster care for 15 out of 18 months the CPS agent can petition the court to terminate parental rights in a TPR hearing.
8. After the TPR, your child can be adopted out to strangers.
9. States get bonus money from the federal government for adoptions, and adoptive parents get subsidy payments if they convince a doctor that your unhappy, traumatized child needs psychotropic meds and is therefore a "special needs" child. See: Drugging Foster Children.
The Social Services Gestapo
...they're out to take your kids and destroy families in the USA and in many other countries.
Divorce / separation / CPS poll
...just wondering who is reading this page.
Choose only one answer that best describes your situation. This poll is totally anonymous.
Remember this...
It is better to find ways to get along with your ex. Do try...
Learn to get along after separation or divorce
...do it for the children!
People who call CPS to complain about a relative's child often regret it.
...don't be one of them.
Frequently I get comments at my site, Fight CPS, from parents or grandparents who called CPS thinking that they would get custody. However they constantly tell me how terribly things turned out, and how much they regret their decision to make that call.
Mainly it is the children who will suffer forever because their parents couldn't get along.
CPS caseworkers often don't respect divorcing, complaining parents
...if you call to complain about your ex, don't expect that the person taking your call will like, respect, or believe you!
Over the course of my years as a CPS victim advocate, I've met and talked to many caseworkers online and off. Whenever the topic of parents who call CPS to complain about the other parent came up, they all had the same reaction - that it happens far too often and that the complaining parent is suspect. This is said usually in a manner that told me the CPS caseworkers didn't like or respect parents that used CPS to try to get a child custody advantage over the other parent.
Have you made a child abuse or neglect report to CPS?
Totally anonymous poll here - you can be 100% honest.
Remember this...
Children are about ten times more likely to be abused in foster homes than in their natural family homes according to statistics gathered by the National Child Abuse and Neglect Data System (NCANDS).
Your opinion on CPS, divorce, separation, and child custody.
...I care about what you think.
Should CPS help parents get child custody from one another?
Fetching blurbs now... please stand byYes, CPS should help divorcing parents - especially if the other parent isn't a good one.
Shannon says:
Yes, because I called to get OUT of domestic abuse and they told me unless I was Dead or dying in the hospital they wouldnt protect me or my children. I ended up in jail for defending myself one day and WAS AQUITTED of my charges but lost my girls to the system and still am fighting them! They insist on keeping my ex involved with all the paper work with No regards to a 5year restraining order which he breaks all the time. All I want to know is do I need to be dead to get justice for girls and myself?
Posted December 09, 2011
Kate says:
I think it would be nice to see support groups for those who have children who have been removed so they can encourage each other in the items that need to be accomplished as well as the down falls that come with going through the heartache of CPS and Foster Care. It would be a great benefit. I just lost my father and was hospitalized for seizures. CPS was all ready involved due to my ex. The seizures was the last straw for CPS. Now they are in Foster Care.
Posted November 29, 2011
bonnie says:
yes, when there is proof of neglect or abuse with in cps guidelines it most certantly should. if not wouldn't the cps workers be neglectful in their jobs and manditory guidelines?
Posted September 08, 2011
colleen rich says:
yes
Posted May 25, 2011
wendee says:
No matter the length of time, anyone who ignores a childs cry for help is responsible for that continuation of the cycle of abuse. Family secrets are never really secret, they are a distorted sense of pride, by those responsible. Teachers, doctors, clergy, neighbors, friends, and bystanders should never feel intimadated by wealth or influence of an abuser; a bully will continue to bully if they are never held responsible, and a victim will give up hope for justice if no one will respond to her efforts.
Posted May 21, 2011
Amyadoptee says:
I say yes. In my situation, my oldest daughter had attempted suicide at her father's home on numerous occasions. I called the Star Program and had her evaluated. I called the church that I was attending, I called MHMR to get her help on numerous occasions. I called her father and told him that she needs help. She even had an episode in front of him. He thought she was bullshitting him. He thought that I was full of bullshit. I had no choice but to call CPS to get her the help that she needed. In my situation, my ex has been quite successful at parental alienation of my oldest daughter. She is constantly disrespectful. She constantly tells me what I need to do in order to be a parent. I swear these words are his exact words.
I think divorcing parents should both be evaluated for the best possible home. If there is a history of domestic violence in the home, the abuser should not be allowed to have custody. Sadly abusers can use parental alienation as an excuse to get the children. Then they use parental alienation to alienate the kids from the victim or other parent.
Posted March 02, 2011
Bear says:
I think CPS should leave people alone.
Posted November 02, 2010
Nicola Hernandez says:
Only if CPS were called in because a child complained of abuse by the other parent as was my case. I had no choice but to protect my children when they confided in me the abuse by their Father.
Posted October 21, 2010
No, that's not what CPS is for. Child custody cases should be decided in Family (Divorce) Court.
tomskids says:
I say neither. You really need to understand that both CPS and the Family Court work towards the same goal...MONEY!!!! Neither CPS nor Family Court give a rats A** about the well being of children. They both exist to blow taxpayers dollars and line their own greedy pockets. Know the truth DO NOT TRUST EITHER ONE!!!!!! Check out my lens on how to sue cps: http://www.squidoo.com/how-to-sue-cps
Posted January 17, 2012
Traceeshobbies says:
absolutely not!! They are unfair to the father!!! I am a woman and I can sewe this clearly!! I have also worked in the system until I could not stand it anymore!! They only hurt families and children!!!!
Posted January 06, 2012
Faith says:
No way! Although they should be there to protect the kids! In 2006 I noticed odd sexual behaviors by my then husband near my kids. Essentially we seperated. I left the situation thinking I was paranoid. Since both kids have complained to several people they felt safe with as well as Va state police. On Oct 4th 2010 I made the worst choice I could have made. After several investigations I was frustrated when my daughter detailed the sexual and physical abuse her and her special needs brother have endured, she not only told myself but my mother " I know mom loves me and I will try again but nobody can help us". I contacted a counselor involved with my kids and CPS asking for help as I couldn't find it in my heart to drop the kids off to an abusive situation. Shortly after I was arrested (big deal for an ARMY brat) and when my mom called the detective to meet for her arrest he refused to do so. I was charged with making a false complaint to VA state police and CPS and although I'm far from the first person to speak up for my kids I was the only one to be arrested. Afterwards a judge gave his opinion of a mental diagnosis in court leaving me to be threatened. On a later court date I was told "sometimes having no mother at all is better than having a mother like you." I had not spoken in this man's court and he continued to torture me in court as I said nothing. After that hearing on where it was deceided I was not to see my babies untill they turned 18 I was confronted by this CPS worker who admitted her fear of being fired. She also said she firmly believes the kids are being sexually abused, but can't prove it. What a smack I'm the face when she said nothing in that hearing. Today is Dec 6 2011. I have not seen or spoken to my kids who live 2 miles away with the very man they accused since October 4,2010. Aside from having a broken heart I sit with a mess of thought not knowing where to start or even how to find a new lawyer as the previous one never spoke. I am helpless to nightmares of my daughter being molested or my son being held under water forcing seizures his fathers family denies he ever had. It is a living hell. Find another solution! Take children to a counselor or a doctor get an attorney and ask his advice. Also never walk into even a show cause or CPS hearing without the lawyer. We had never fought over custody. CPS had set up child care and encouraged me to revisit their dad's visitation I'm court as he only took the roughly half the time he was suppose to. I feel like a victim daily untill my mother calls to let me know one of my kids has informed her they cried themselves to sleep. I'm under my ex's thumb all alone unable to do what a mom is suppose to do..... Protect her kids.
Posted December 07, 2011
AmericanCitizen says:
Kate, our message board is sort of a support group. You can find it at http://forum.fightcps.com . . . hope that helps! I recently lost my father too. October 19.
Posted November 29, 2011
Elizabeth says:
I recently won FULL custody with SOLE decision-making of my children. This was an agreed order due to his many indiscretions. 3 1/2 yr fight and final papers filed Oct 21, 2011. I have had 2 DCS investigations in the past month due to allegations from him, which obviously have been unfounded. But DCS is "concerned" because they have received 8 calls from him in the past 2 yrs. As of 2 a.m. this morning, I had to enter into an action plan with DCS or have my children placed into State's custody - once again, unfounded allegations. Even though I won in court, it feels as if he has won with DCS to an extent. Is this not harrassment? No one wants to "touch" DCS and they are a pawn for my ex. State workers need more training and child psychology degrees before putting families "through the ringer."
Posted November 21, 2011
Dharambir says:
Never. Custody is a family court issue. For every tax dollar spent enabling parents to duke out their petty issues using the state's assistance, there are children who are actually abandoned, neglected and hurting who can't get help.
Posted November 20, 2011
Christine says:
Absolutely Not!!! They are nothing but crooks that destroy families for monetary gain using false allegations! CPS should be abolished!
Posted November 14, 2011
dawn says:
no!!!!! never!!!
Posted November 09, 2011
Kelly says:
abdolutly not
Posted October 27, 2011
CONCERNED AND CONFUSED says:
NO, PERIOD THEIR JOB TO REPORT AND ASSESSMENT, LEAVE THE CUSTODY BATTLE TO THE COURTS..
Posted October 26, 2011
CONCERNED AND CONFUSED says:
COS, STAND FOR.CHILD PROTECTIVE SERVICE, THEIR JOB IS TO PROTECT CHILDREN. THEY ARE NOT A JUDGE OR JURY...TO MUCH POWER OFTEN CORRUPTS INDIVIDUALS...THEY ARE SO EAGER TO RIP FAMILY PARTS ON A FALSE ACCUSATION, AN DO NOTHING FOR THE REAL VICTIM CHILD, WHOSE BEING CHAIN UP AND STARVED...
Posted October 26, 2011
Settingmeup says:
No way! We arlready went threw that and CPS made it 100 times WORSE!!! They break Familys apart, not help us.
Posted October 26, 2011
Settingmeup says:
No! We have been threw it and CPS only made it worse. They dont know the "REAL" us... They break Familys apart and set us up for Failure. Hell NO!!!!!
Posted October 26, 2011
stacey says:
I think the cps need to put them self into our shoe's as i am going to court my self, my Socail worker has tryed everything to keep my kids away from me i have done nothing wrong at all and yet she tryed to say i pricked my son with a pin while she kwas doing me contact! yet my son was a sleep all day!! they try to remove your kids from you they dont really care about the kids! she tryed to say to me i didnt love my kids! i will fight in court until i get them back.
Posted October 19, 2011
gherishjhoven says:
In a divorce case the child custody always matters because they were the most affective in the picture of a divorce case. A child deserve a family.
Posted September 08, 2011
Dazouloute says:
Child Custody is a matter strictly reserved for the Court System, after all evidence and supporting documentation have been properly presented by both parties. CPS is to protect the child from Abuse and Neglect. Dr. James Dazouloute......Visit My Lenses As Well, For FREE Articles and Videos On Legal Issues.........
Posted August 31, 2011
Lisa says:
No, CPS should not be used in place of the legal court system that is in place. Those that feel they are losing the court battle call CPS to retaliate. Then CPS is invited into your life and the life of the complaining parent and things get all messed up and the focus is taking off what is in the best interest of the child.
Posted August 20, 2011
Pamela Cantrell says:
No because I The Department of Children's Services got involved with my husband for the purpose of helping him to receive custody of our teenager so my husband could receive all property and possessions and DCS helped my husband to have me forced away from all property and possessions so my husband could solely possess these things and DCS had already taken our child out of the home and placed her into State Custody but even so, my husband was allowed to have me, his wife removed also and DCS should NEVER get involved in these things.
Posted August 11, 2011
Tim says:
no no hell no not ever
Posted July 31, 2011
Nansea says:
OMG! No way.They do NOT do what is in the best interest of the children. If your or any child is being abused, seek private legal advice no matter what the cost! Borrow, beg or whatever you can manage, but do not turn over your abused child nor yourself to this government agency. They are not here to help!
Posted July 01, 2011
FightCPS Social Media
FightCPS on Twitter
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FightCPS on Facebook
FightCPS on MySpace
The FightCPS Website
Information and support for families falsely accused of child support or neglect.
- FightCPS
- Information for falsely accused families including a legal document library, page for lawyers to post contact information, and interactive features.
- FightCPS Message Board Forum
- A message board forum for feedback on your case.
Child custody books
...get some additional insight into what's going on.
Divorce, child custody, and child protective services links
...find more information at these sites to help make good co-parenting choices!
- Co-Parenting After Divorce
- PDF file with advice for separated parents, from the University of New Hampshire.
- Co-Parenting 101
- A blog about making a safe family for your child after separation of the parents, or divorce.
- How to Keep Children Out of the Middle
- Maybe you could talk these points over with your ex and resolve together to do what's best for your child.
More about Child Protective Services (CPS)
...family destruction and devastation...
Your comments are welcome
...as always...
You're welcome to suggest other helpful sites on this topic - but don't make an active link - it won't work.
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Cusper
Feb 16, 2012 @ 10:09 am | delete
- Child Protective Services is a very, very, very dangerous card to play in divorce. The author is correct, not only can it go against what you believe to be the best interests of the children, it can leave both parents out of the child’s life altogether. I have never called CPS, but I have experienced them being used against family members by disgruntled in-laws, former spouses and aggrieved grandparents. While none of those different cases went to the full meltdown scenario, the results were devastating for the entire family. Particularly when the objective of using CPS was nothing more than vindictive attack during the holidays. So if you have found yourself on the receiving end, don’t retaliate. Focus on getting through the CPS investigation and the wellbeing of the kids. Cusper Lynn, author, Facebook Ate My Marriage. www.squidoo.com/facebook-ate-my-marriage
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tomskids
Jan 17, 2012 @ 12:52 pm | delete
- DO NOT!!! DO NOT!!! Trust either one. They are both crooked and corrupt!! They do not care about the well being of children and only care about fattening the wallets of their system!!!! Both the courts and CPS WILL destroy your children!!! Check out my website on how to sue CPS: http://www.squidoo.com/how-to-sue-cps
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NassauDIvorceLawyer
Dec 29, 2011 @ 6:34 am | delete
- You are right. CPS should not get involved with custody and should be up to the courts. I suppose its a secondary plan for those that do not get their way in the courts.
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robertoa
Nov 16, 2011 @ 3:56 pm | delete
- The most ideal would be no marriage broke up, as this affects the entire life of the spouses but especially to children.
unfortunately divorces occur by the Dures of heart of one of the spouses.
GOD BLESS ATOD marriages and to reconcile those who are separated.
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Aaron E.
Oct 20, 2011 @ 3:36 pm | delete
- I dont think you have to have a certification, a license, or even an upper degree in anything to be a social worker. These are just kids out of college, with a bachelors in general studies, these are not experts by any stretch. People are better off getting an attorney http://divorceattorneyinroundrock.com/ then calling anyone from a state or federal agency. In a divorce situation, things can get down right ugly, especially if a parent was wronged in anyway. People have a tendency to put their kids in the middle.
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gherishjhoven
Sep 8, 2011 @ 4:10 am | delete
- This lens has useful information. Keep it up and thanks for having this shared.
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zagesquire
Aug 27, 2011 @ 10:24 am | delete
- Good posts. I am a divorce attorney in Utah and this is good advice and gives people something to think about. http://www.theutahattorneys.com
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Pamela
Aug 11, 2011 @ 4:00 pm | delete
- My husband involving The Department of Children's Services, benefitted him greatly. My husband privately telephoned case worker and made complaints about me, his wife and the case worker documented those complaints and they were taken as true and factual information by DCS and by The Courts and used against me. I believe DCS will work to help one parent and to hurt the other parent and that should not happen with this Agency.
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lawpost
Jun 22, 2011 @ 12:20 am | delete
- This lens is right on the money. Assuming you are an otherwise fit parent, NO good can come from inviting the State into your home, particularly where the employees of the State cannot understand how families function in the real world. Once CPS is called, parents lose control and CPS gets out of control.
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Men-After-Divorce
Jul 11, 2011 @ 6:21 am | delete
- I totally agree with this. The state should be an absolute last resort rather than a first resort.
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LindaBertrand
Jun 15, 2011 @ 12:55 am | delete
- Children are greatly affected during their parents' divorce. here is a compilation of great articles from Parent eSource that i want to share: http://parentesource.com/2011/05/05/our-top-4-posts-on-children-and-divorce/
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George_McCasland
Jun 2, 2011 @ 3:33 am | delete
- I'm adding your page to related lenses for one of my own on abuse allegations.
http://www.squidoo.com/abuse-allegations-in-family-law
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LindaJM
Jun 2, 2011 @ 12:53 pm | delete
- Thanks so much, George! I truly appreciate that and will check out your lens.
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Gloriousconfusion
Apr 1, 2011 @ 6:57 am | delete
- April Angel Blessings for a great lens that makes me boil when I think about it!
Lensrolled to 3 of my lenses: Child Contact and Residence in Divorce Proceedings
Cohabiting: Your Rights on Separation
English Divorce Procedure
and I have featured it on Good Lenses Deserve Angel Blessings
Well done on a subject dear to my heart
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jeanyross
Apr 1, 2011 @ 2:58 am | delete
- It is often difficult for parents to balance children and divorce hence, a support institution can be a big help. However, we should bear in mind that nothing beats the parents care.
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OFW Jan 7, 2011 @ 9:21 am | delete
- Improve shared custody with easy online sharing of Child Custody Calendars, parenting time schedules, shared expenses, family information and more.
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Dec 29, 2010 @ 8:13 am | delete
- Here is an expert to assist you.
Paul E. Rudder, ESQ - Divorce Lawyer, 110 E 59th Street, 25th Floor, New York, NY 10022, 212-826-9900 - http://www.newyork-divorcelawyer.net
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by AmericanCitizen
"This nation will remain the land of the free only so long as it is the home of the brave." ~Elmer Davis
"Evil flourishes when good men do nothing." -...
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