QUESTION
What's our rights as a parent if CPS took the kids and placed them with my mom?
Asked on Oct 25th, 2015 on Child Custody - Nevada
More details to this question:
For the last 2 weeks, my husband and I have been planning on moving. We didn't tell anyone. We didn't want anyone to know. In the midst of packing, we had a dispute. The cops were called. They told me that I had to file a TPO. So the next day, despite of our plans, I put everything on hold, and did what I was told to do to protect myself and children from getting CPS involved. On Friday, I called and it was denied. Since the state didn't intervene at that time, I decided to continue with my plans, and leave town. All of a sudden, while packing our car, CPS shows up to take our kids with a police escort, saying the police were called and this was a second incident. Someone called the police. I was never served any papers, or given any explanation, I was just told a court date. What are my rights prior to the hearing? Do I still have legal custody? Can I still see my kids or what my legal options are?
1 ANSWER
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When CPS takes your children you have no rights. They don't need any paperwork. They have powers greater than the police when it comes to children. You should have been notified of a court date by now. You need to ask for a public defender, or hire a private attorney. You will not be getting your children back until you have a case plan and have substantially complied with that plan. Clearly you intended to remain with your spouse, who CPS believes is abusive or otherwise between the two of you creates an environment in which the children are not safe. So long as you intend to remain with your spouse, without addressing these concerns, you won't get your children back. Your caseworker is in charge of when and how you will see your children. Your attorney can help with this.
Answered on Nov 04th, 2015 at 12:02 PM