father hugging sad daughterThis is the next post in my series on the handling of CPS claims made against Las Vegas fathers. My last article discussed why fathers sometimes face false CPS allegations. It is important to understand that false claims sometimes arise out of a mother attempting to gain an advantage in child custody proceedings. It is important that a dad take such claims seriously and that they immediately retain an attorney to represent them. Not giving the situation the attention it deserves can result in a claim being substantiated and a father losing custody. In this article I will discuss what should be expected after a claim has been filed. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.

When a complaint is made to Child Protective Services then the agency will examine the report on its face. If the report appears to show a valid claim of abuse or neglect then the agency will investigate the matter. If there is a belief that the child is in immediate danger then they may remove the child from the home. If this occurs then the child will typically be placed with a relative or family member. If there is no adequate place for the child to reside then they may be placed in emergency foster care and a hearing will be held on the matter to determine the child’s arrangements while the investigation continues. If the claims are found to be unsubstantiated then the matter will be closed and the previous child custody order will remain in effect. If CPS elects to move forward with a case then an Abuse & Neglect Petition will be filed against the father.

If a Petition is filed against the father then a trial date will be set. The Court will also put an Order in place which must be followed while the case is pending. This Order will dictate who the child will remain with while the case is proceeding, child visitation, etc. While the trial is pending, it may be possible for the father’s attorney and CPS to reach a resolution which closes the case. Such resolutions typically involve the father agreeing to a certain level of supervision for a period of time or to other changes which will make the child more safe. If an agreeable resolution cannot be reached then CPS will present its case at trial. The father will have a chance to present his own evidence and witnesses. CPS will then conclude the trial by presenting “rebuttal” evidence before the Judge issues an opinion. If the Judge rules in favor of the father then the matter will be closed. If the Judge finds that abuse or neglect has occurred and/or is likely to occur then their ruling will depend on the specific facts of the case.

How a Court will rule against a father, who is found to have committed abuse and neglect, will depend on the nature of the allegations and the risk to the child. In extreme cases the Court may rule that the father is to have no contact with the child or that any contact is to be strictly supervised. The Court may also require a father to undergo drug testing, to attend classes, etc. In more minor cases, the father may be able to resume regular visitation while going through a supervisory period in which CPS is making sure that the situation is improving. Again, any ruling will be based on the specific facts of the matter and an experienced attorney can help you through this process.

If you are facing CPS accusations then contact my office today to speak with a Las Vegas fathers’ rights lawyer. I am experienced in the handling of CPS cases and my office believes that everyone is entitled to both strong representation and respect. I pride myself on providing a high level of service and we look forward to speaking with you. Contact us online or by telephone today to schedule an appointment.