What happens when CPS takes a child from their home?

Question

My boyfriends daughter (she's 3) lives in OK with her mother. We live in WI. CPS has investigated her several times and she thinks they are going to take her kids. Someone told my boyfriend if he doesn't get a lawyer now, once the state has custody we won't be able to get her. Shouldn't they place her with him automatically? I'm angry and confused. If she's in a bad environment, we shouldn't have to pay thousands of dollars for a lawyer to get custody of her.

Answer 1

She will be put in a foster home.  If they don't know about the father, they can't place her with him.  Make sure they know where you are.  Call the nearest CPS and have them find out what they can about it.

Answer 2

Well I have a cousin who is kinda in the same boat as your boyfriends ex so I will try to give you a little insight. Of course we live in a different state but it is probably all handled about the same. First, if you are really worried call a lawyer and speak to them...a lot of law office will let you have a free consult or 1 free visit just to go over things with them.

However, if CPS takes the kids, normally, the other parent is always consulted first to get custody. CPS may check your boyfriends house to make sure it is a good place for children and then they will probably start working with the mother to help her get the kids back unless your boyfriend trys to get full custody.

Answer 3

Alert OK state immediately about the child's father.  Sadly, some agencies want their federal money and will ignore the fact that a perfectly capable and fit father is simply over state lines.  Let CPS in OK know first.  If they give you any grief, then you will need to lawyer up.

Answer 4

If he's on the birth certificate they will place her with him. Not right away though. If he knows that she is in a bad environment and doesn't try to remedy that problem then the state will make him get counseling and take a parenting class. You don't need to get a lawyer. They will provide one for you. But once he's done with the parenting class they will place her with him. If he reports the situation first then he'll get custody granted to him right away.

EDIT: Also he will need to be present at all the court hearings.

Answer 5

Removing the child or children is the absolute last resort, and if they do they will immediately contact family to take the children provided they agree to the terms (varies depending on each case). The child or children will only be placed in foster care if their is no one in the family capable or willing to take the children during the time the parents are being worked with.

CPS does not take children from homes unless they are in danger, the goal is to educate the parents.

Answer 6

How often does he visit with the child?

Does he pay child support?

Does he have a criminal record in OK or WI?

Does he work?  Is he able to financially provide for the child?

Is his name on the birth certificate?

These are some of the questions CPS will have IF they have to remove her from her mother.  Also, what if mom doesn't tell CPS about dad - that happens a lot.  He should try his hardest to get in touch with someone at CPS in OK to give them his contact information and identiying information.  He can also inquire about any cases CPS may have had on his child.  He can make an "open records request."  That will help him some.  But the main problem is he's not in the same state.  When CPS has to deal with a parent who lives in another state they need to get a home evaluation done by the state he lives in but they all have to go through "Interstate compact" requirements and it takes forever.  If I were him I'd go ahead and get an attorney.  The money is worth it for the safety and wellbeing of the child.  Maybe the mom will give him custody in order to prevent CPS from getting further involved.  If the child is in a bad environment it's her father's responsibility to get her out of that environment.  Good luck.