Should You Worry About a False Report to Child Protective Services?
Child Protective Services is a Clark County Agency that investigates reports of child abuse and neglect. In some situations, the parent of a child may make false claims to CPS in an effort to gain an advantage in a custody case. If your child’s other parent makes a false report to Child Protective Services, it is essential to protect yourself and your child by taking appropriate steps and defending against the claims. Contacting an experienced family law attorney immediately is important if you learn of a report to CPS, regardless of the circumstances.
Child Protective Services Process
Child Protective Services (CPS), part of the Clark County Department of Family Services, has statutory authority under state law to investigate reports of child abuse and neglect and take appropriate action. When any person files a report of child abuse or neglect, CPS evaluates the claims.
After receiving a report, a CPS caseworker gathers all immediately available information. In some cases, a report may not qualify as abuse of neglect. In other cases, there may be insufficient information to investigate further, or the caseworker may determine that further investigation is warranted. In the event CPS begins an investigation, the caseworker contacts the child’s family and schedules a home visit to assess the situation and talk with the child’s parent.
The CPS process depends on the facts and circumstances in each individual case. The caseworker determines how to proceed based on the results of the investigation and home visit.
Defending Against a False CPS Report
Unfortunately, in some situations, a parent seeking to obtain an advantage in a custody or other family court proceeding may file a report with CPS making false claims about the child’s treatment or living situation. CPS caseworkers are aware that claims may be unsubstantiated and are attentive to circumstances in which a parent makes false statements, but they still investigate the claims to ascertain the validity of the report.
Even in a case involving false claims, a parent with custody of a child is at risk of losing custody, at least for a period of time, depending on the nature of the claims reported to CPS. A parent who is notified of a CPS report involving their child should immediately contact a family law attorney for assistance in addressing the situation, even when the parent knows the claims are false. In many cases, the other parent also initiates a court action concerning custody, which must be addressed in conjunction with the CPS case.
To defend against a false CPS report, a parent must gather evidence demonstrating that the claims are false. The type of evidence will depend on the nature of the claims made in the report. A parent should get assistance from legal counsel in determining what evidence is necessary and how it can be gathered. A knowledgeable family law attorney knows how to proceed in the face of false claims and gather the right kind of evidence to defend against the claims.
A second part of the response to a false CPS report is documenting the motivations of the other parent (or person) who made the report. Often, the motive is to gain an advantage in a family court custody case. Gathering evidence to demonstrate the motive can be challenging, but a knowledgeable attorney knows how to approach the specific situation and build a case to establish the motive for the false report. In some situations, that type of evidence may even be the basis for the family court judge to alter custody terms relating to the reporting parent.
CPS Reports and Child Custody
A CPS report — even a false one made with dishonorable motives — can have a significant impact on a custody case involving the child. Generally, the family court judge defers action in the custody case until CPS completes the investigation and provides the final report.
A false CPS report may also provide the basis for the parent with custody to seek modification of a custody order, which requires filing a motion with the court if there is not a custody case pending. Having legal representation in any type of child custody case is always extremely important, including requests for modification based on false reports to CPS.
In a pending custody case or a motion for modification, the family court judge examines a wide range of considerations and factors relating to the situation, including the nature and motivation of a CPS report with false claims. As in all custody cases, the best interest of the child will always be the court’s priority in making a custody decision. The evidence and facts presented to the court provide the basis for the court’s conclusions relating to the child’s best interest. Properly collecting and presenting the evidence for the judge’s consideration requires professional legal assistance and is one of the important reasons for being represented by an experienced lawyer in any type of custody proceeding.
Schedule a Free Consultation with a Las Vegas Child Custody Lawyer
Experienced Las Vegas custody lawyer Joseph Gersten helps clients with all types of family law matters, including child custody and false reports to Child Protective Services. He approaches every case with compassion and dedication to protecting the interests and rights of the client. If you face a false CPS report or other custody issues, we encourage you to take the time to talk with us without a charge or obligation before you make a decision about how to proceed.
The Gersten Law Firm serves clients in Las Vegas, Henderson, and elsewhere in Clark County. Call us at 702.857.8777 or complete our online form to schedule an appointment.
