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Should I Get a Family Lawyer When Dealing With CPS?

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Photo by Melinda Gimpel on Unsplash

Dealing with Child Protective Services (CPS) can be stressful for families. When CPS becomes involved, it often means there are serious concerns about the child’s welfare. The National Statistics on Child Abuse reveals that an estimated 558,899 children (unique incidents) were victims of abuse and neglect in the US in 2022.

CPS lawyer H. William Edgar says dealing with the CPS can be challenging, especially if you believe that you are doing your job as parents. If you think that the CPS is falsely accusing you of neglect, having a CPS lawyer by your side can be invaluable. 

From understanding the complicated legal jargon to protecting your rights, your family lawyer can provide support and guidance in handling the process of CPS investigations.

Let’s look into these reasons why having a family lawyer could make all the difference in protecting your family’s interests.

Legal Expertise in CPS Matters

When dealing with CPS, having a family lawyer with expertise in child protective services can be necessary for dealing with the legal complications efficiently.

According to North Carolina divorce attorney Dana B. Lehnhardt, a lawyer specializing in CPS matters will understand the system, making sure your rights are protected and that you have a strong advocate. These lawyers know the specific laws and regulations governing child welfare cases, allowing them to provide the best possible legal representation.

Understanding Your Rights and Obligations

When dealing with Child Protective Services, you have to be informed about the allegations made against you, your right to legal representation, your right to participate in case planning meetings, and your right to challenge any decisions made by CPS. You aren’t obligated to speak with CPS without your attorney present.

You do have an obligation to cooperate with their investigations to a certain extent, such as allowing them access to your home and participating in required services or programs. Understanding the balance between your rights and obligations is key to successfully managing your case with CPS.

If you’re unsure about any aspect of your rights or obligations, consulting with a family lawyer experienced in CPS matters can provide you with the guidance and support you need.

Handling CPS Investigations and Hearings

When faced with a CPS investigation, you must remain calm and cooperative while also being aware of your rights. You may ask questions, seek clarification, and have a support person present during interviews or hearings.

During investigations, make sure to keep detailed records of all interactions with CPS, including dates, times, and individuals involved. Take notes on what was discussed and any agreements or decisions made. Follow any court orders or agreements reached during the process.

When attending hearings, prepare thoroughly by reviewing any documents or reports related to your case. Consider seeking legal representation to make sure your rights are protected and to help handle the complicated legal procedures involved.

Ensuring Proper Documentation and Communication

Proper documentation and clear communication are aspects to consider when dealing with CPS investigations and hearings.

Keep detailed records of all interactions with CPS, including dates, times, and the content of conversations. Make sure to retain any written communication, such as emails or letters, and take notes during phone calls or in-person meetings. These records can serve as valuable evidence and help make sure that nothing important is overlooked or forgotten.

When communicating with CPS caseworkers or attending hearings, always be clear and concise. Provide accurate information and avoid making assumptions or vague statements. Effective communication can help prevent misunderstandings and ensure that your perspective is accurately represented. 

Consider seeking clarification if there are any aspects of the investigation or hearing that you don’t fully understand.

Advocating for Family’s Best Interests

When advocating for your family’s best interests in dealings with CPS, prioritize transparency and honesty in all interactions. Being upfront about your situation, concerns, and any issues that may have led to CPS involvement can help build trust and credibility. 

Communicate openly with CPS workers, providing them with accurate information and cooperating with their requests to the best of your ability.

Understand your rights and responsibilities during the CPS investigation. Familiarize yourself with the process, seek clarification on any aspects you’re unsure about, and consider seeking legal advice to ensure you’re navigating the situation effectively.

Advocating for your family also involves actively participating in developing a case plan that addresses your family’s needs and concerns. Collaborate with CPS to create a plan that’s realistic, achievable, and in the best interests of your family members.

Actively engaging in the process and demonstrating your commitment to making necessary changes can help you show CPS that you’re dedicated to providing a safe and supportive environment for your family.

Conclusion

If you’re dealing with CPS, it’s highly recommended that you get a family lawyer. Having a knowledgeable and experienced lawyer by your side can impact the outcome of your case.

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