Can You Fight a CPS Investigation? 

 Posted on August 12,2024 in Family Law

As parents of underage children, so much of our identity is often tied up in our children and how we parent them, especially after a divorce or separation. Finding out that you are being investigated by Texas Child Protective Services (CPS) can be frightening, intimidating, and deeply insulting, especially if you believe the allegations are false.

Even though it may feel as though the system is fighting against you and you do not stand a chance, this is not true. CPS has limits to its power and with the help of an experienced Texas CPS investigation attorney on your side, you may be surprised by how effective it can be to fight back. Read this blog to learn more and then contact Pfister Family Law today. We have a history of successfully fighting CPS and we will fight for you, too.

What Is CPS Allowed to Do?

Even though CPS’s authority to take action can seem extreme, especially in cases where CPS believes a child’s safety or well-being is imminently threatened, there are certain things CPS can and cannot do.

CPS is authorized to investigate every allegation of child abuse or neglect, even if those claims turn out to be false or mistaken. This includes reports from parents, neighbors, teachers, and therapists. They may also:

• Meet with your child, even without your permission

• Create a plan and require you to follow it 

• Remove your child from your home 

• Terminate parental rights in proven cases of serious abuse and neglect

CPS cannot come into your home without your permission, however, and they cannot force you to talk to them, provide them with a drug test, or submit to any other kind of testing. They can recommend that you do these things to prove your parenting capabilities to the court, and a court can order you to do them.

Throughout all this, CPS should be focused on keeping families together and providing parents with the resources they need to raise their children well. Sometimes CPS agents will try to take the law into their own hands and act in ways that are neither appropriate nor authorized. This is why it is so important to have an experienced attorney in your corner giving your guidance and fighting for your rights.

Should I Cooperate with CPS Even if I Did Not Do Anything Wrong? 

Despite the fact that some CPS agents are unhelpful at best, they are a powerful agency with the potential to have a serious impact on your relationship with your child. It is very important that you take any investigations seriously and cooperate with CPS. This does not mean letting a CPS agent run roughshod over you, but it does mean treating CPS investigators with respect throughout the duration of your case, even if you feel you are being disrespected.

The best thing you can do to prove you are a great parent to your child is to continue being exactly that. Keep your home organized and clean and make sure it is a place where children can thrive. Be honest with CPS investigators and provide the information they ask for, with the guidance of your attorney. That being said, do not let a CPS investigator into your home without talking to an attorney first.

Call Our Prosper, TX CPS Investigation Defense Team Now

At Pfister Family Law, we understand not only how much is at stake during a CPS investigation, but also how hard it can be to keep your cool when your parenting is being questioned. We offer experienced, aggressive representation to every client and have successfully fought CPS cases and protected our clients’ parental rights. Call our Denton County, TX CPS investigation attorneys at 972-954-6455 right away.