How to Fight CPS to Get Your Kids Back

How to Fight CPS to Get Your Kids Back | eHow.com

Many child protection services (CPS) organizations in the United States have broad powers to take custody of children they feel are being abused, neglected or mistreated. Once CPS has taken a child into their custody, administrative laws dictate family reunification; these rules are often vague enough to provide social workers with the power to maintain state custody for months and, in some cases, years. If your children are in state custody, you have legal options available to get your them back.

Difficulty: Moderate
Instructions

1
Hire a lawyer immediately. If you can afford a private lawyer, find one that specializes in CPS cases. If you are unable to afford a private lawyer obtain a public defender. While some individuals have successfully fought CPS charges on their own, in most cases having an attorney will help you get your children back sooner.

2
Write a sworn declaration attesting to your version of the events that caused CPS to remove children from your care. This statement should be witnessed and signed by a notary public. File the original, signed copy of this statement with your county court house; ask the clerk to ensure the document is included in the official file pertaining to your case. Keep a copy of this document for your records.

3
Document every interaction you have with CPS case workers or representatives. This written documentation can be used in court as part of your defense.

4

Research your state's CPS administrative rules and regulations
Research CPS rules and regulations. Check your local library for administrative policies that regulate both the CPS agency as well as individual case workers. If a case worker behaves illegally or inappropriately be sure to document the event immediately and inform your lawyer.

5
Review your rights. In most cases, it is best not to answer too many questions unless your lawyer is present. While you may feel that you are innocent and have nothing to hide, everything you say can be used against you.

6
Maintain polite conversation with CPS case workers at all times. Never raise your voice or behave in a way that could potentially call into question your ability to maintain control over yourself.

7
Be very clear about the results of court hearings. Requirements for the return of your children must be court-ordered. These requirements are the only legal obligations you have for getting your children back. Let your lawyer know if case workers indicate that you are obligated to perform activities that were not specifically outlined in court documents.

8

Comply with all court requirements and work with CPS case workers until the situation has been resolved.
Follow through with every court-ordered requirement and courteously and politely work with CPS case workers until a judge returns your children to your care.