Daily Archives: October 25, 2019

CPS Parent Resource Guide Cover 1
One of the first mistakes I see people make at the beginning of this process is to immediately try to figure out “who reported me”. The bottom line is that it doesn’t really matter, and it often can do you a disservice to focus on that issue rather than the more relevant issues of “what should I do next”. The other thing I would add to this section is not to get bogged down in the language that is used, as the CPS definitions of words is often different from legal definitions, which is different still from normal usage. The one word that does get used consistently across all the categories for the most part, though, is “safety”. Ultimately, the reasons CPS gets involved boil down to safety, and your arguments should reflect that. Sometimes CPS themselves get distracted from their ultimate goal as a result of bureaucracy, and a very effective tactic is utilizing the word “safety” against them. It is their burden to show how each of their actions furthers the goal of keeping your children safe, and it is the type of question that when asked non-aggressively, can actually get them to think twice sometimes. Worst case scenario, even if you can’t convince CPS of your position, a judge will want to hear about your plans to keep the child safe. If the only options are “maintain the status quo” or “CPS’s plan”, often a judge can feel forced to go with CPS’s plan simply because they believe the status quo is unsafe. However, if you can come up with an alternative plan, it shows that you are putting your children first, are willing to make compromises, and understand the seriousness of the situation. That can give a judge a reason to give a second chance where […]

CPS Parent Resource Guide Part 3: How Did I Get Here?

custody home
There are many cases wherein one of the parents is struggling financially that they can’t buy their own home. In custody cases, the court considers what is best for the child. There is no denying that children need a home and a financially stable custodian. Children have needs and they will, of course, be totally dependent. Home as a basic need One of a child’s basic needs is a need for a home. Having a home is an indication of financial stability. A home will also ensure the child’s security. It is important that a child will grow in a good and safe environment. While having your own home is not a definite requirement for getting child custody, it can definitely increase your chances of winning custody. The judge will always base his or her decision on the child’s best interest. It is not the only deciding factor It is clear that having your own home is an advantage in custody cases. However, this is not the only deciding factor. There are many other factors to consider. Say, for example, you don’t have your own home, instead, you live with your parents. It offers a good and safe environment for your child. On the other hand, even if your ex-spouse has his or her own home, but the environment is not safe for the child, he or she will not win custody. The court will also determine who is fit to take care of the child among many other considerations. Considerations for an Acceptable Living Situation The required acceptable living situation is based on the individual circumstances of both the parent and the child. The factors will differ depending on the state, the court, and sometimes, the judge. For instance, if the child and the parent are of the opposite […]

I Don’t Have My Own Place— Can I Win Custody?