In this episode of Behind The Case, attorneys Heather Ogier and McKenzie Coe from Turner-Monahan PLLC address a complex and often overlooked topic in family law, what happens when CPS gets involved during a custody or divorce case. When child safety concerns arise, everything changes, and the court’s approach can shift overnight.
Heather and McKenzie walk through the impact of CPS investigations, from how they begin to how they can pause ongoing court proceedings. They also explain how allegations, whether real or false, can affect outcomes. “Sometimes a parent or a relative of a parent will make a false claim to CPS during a divorce to try to get a leg up,” Heather shares.
The conversation highlights the importance of strategy and timing. McKenzie points out that even mutual accusations can backfire if both parents are found unfit. The attorneys also explain what CPS findings really mean and how terms like “ruled out” or “reason to believe” play a role in determining custody arrangements.
Heather and McKenzie offer clear advice for any parent caught in the middle of a CPS investigation: contact a lawyer first. “You don’t know what you don’t know,” Heather says. “And it’s easy to get yourself into a situation that may take months or years to resolve.”
Key discussions in this episode:
(0:46) CPS during divorce: What really happens
(6:04) Safe vs. fit: How CPS labels parents in custody cases
(7:50) Why calling a lawyer should be step one with CPS
(8:51) Can a child pick who they live with?
(9:49) What age does CPS investigate?
(10:18) Biggest CPS mistake parents make
(11:19) CPS vs. custody evaluator
(11:46) The #1 rule when CPS joins a divorce case
(12:58) Can CPS override a custody order?
(15:22) When you should involve CPS yourself
If you're in the middle of a custody case or divorce and CPS becomes involved, it's essential to understand your rights and next steps. Tune in to learn what really happens behind the scenes and how Turner-Monahan PLLC supports clients through some of the most difficult cases in family law.
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Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.