This is the fourth post in my series on whether Las Vegas fathers should contact Child Protective Services if they believe there is an emergency. My last article discussed the consequences a father may face after filing an unfounded CPS report. I provided information about what it means when a claim has been deemed “unsubstantiated.” I also talked about how the Judge in a Family Court proceeding may view a false claim or accusation. In this article, I will discuss what to expect once child abuse or neglect proceedings have been initiated against a mother. If you require assistance contact my office to speak with an attorney today.
Las Vegas Fathers Should Understand The Child Protective Services Investigation Process
CPS will promptly respond once a Las Vegas father reports that a child has been placed in danger or that their living conditions constitute an emergency. The mother will receive a visit from a CPS worker shortly thereafter. CPS will inspect the home and will also conduct an interview of the mother and any occupants of the home at that time. CPS will immediately remove the child from the mother’s custody if they consider the situation to be dangerous or uninhabitable. Many of these allegations are extremely serious and CPS agents often take great care in finding an appropriate person to place the child with. Because of this, the father’s living arrangements will also be investigated to ensure it is suitable for the child. While that investigation is being completed, CPS may place the child with a foster parent. There are foster parents that work directly in conjunction CPS and these individuals represent a temporary placement. However, the review process is conducted fairly quickly. In most cases, if the father is found to be suitable, the child will likely be placed in his custody until the entire investigation is concluded.
Once CPS has finished their investigation, their findings are brought before the Judge, who will make the ultimate determination. Therefore, the Judge presiding over a child abuse or neglect case will decide whether the child should be placed back in the mother’s home. It would be wise for the father to make an appearance at the initial proceeding and at any subsequent hearings in the case. If a claim is considered to be unsubstantiated, the child may be immediately placed back with the mother. However, if the allegations are found to be valid, the Court may determine that the conditions are unsuitable for the child to be returned or that the mother must comply with certain conditions before seeing the child.
Las Vegas Fathers Should File For A Motion To Change Or Modify Custody While A CPS Investigation Is Pending
Fathers may also want to consider filing a Motion to Change Custody while the child abuse or neglect proceeding is underway. Nevada adheres to a one judge, one family model which ensures that the same Judge will hear all of the issues associated with a particular family law case. The Family Court Judge will not rule on the Motion until a determination has been made by the Abuse and Neglect Court about whether the allegation of abuse or neglect is warranted. Nonetheless, it is good to have the Motion on file with the Court before this determination is made so that a hearing can be scheduled more quickly after the investigation is completed. A lawyer can assist you with this and ensure that the Court is aware of the seriousness of your particular situation.
If you are concerned about the well being of your child, then it is best to contact a family law attorney as soon as possible. Experienced counsel can help you choose the best course of action. I frequently handle these issues, so contact my office today to speak with a Las Vegas fathers‘ rights lawyer.