This is the next post in my series on defending against false Child Protective Services (CPS) claims in Las Vegas, Nevada. My last article provided an overview of topics which this series will be addressing and it also stressed the need to immediately speak with an attorney if you are facing such accusations. Speaking with counsel immediately is an important step towards making sure your rights remain protected. In this article I will discuss another important topic – immediate steps one should take after false CPS claims have been made. If you require assistance then contact my office today to speak with a lawyer.
If false claims are made to Child Protective Services then the agency will launch an investigation into the matter. If they feel that the child is in danger then they may take the child into temporary emergency custody. A hearing will be held in Abuse & Neglect Court to decide whether the Department of Family Services (DFS) will be proceeding with a case against the accused parent. If a case does proceed then the child may be placed with the non-offending parent, or a third party, on a temporary basis while the matter goes forward. An evidentiary hearing will be set at which the Abuse & Neglect Judge will decide the matter.
It is not uncommon for an accusing parent to file a Motion to Change Custody at the same time at which they are filing a false CPS claim. The Court will likely hold an emergency hearing on the matter. If, at the time of the hearing, CPS is still conducting its investigation then the Family Court will likely defer any decision until such time that CPS has decided whether there is sufficient evidence to bring a CPS case. The Family Court will likely set a status check, for within a few days, so that it can determine CPS’ recommendations on the matter. If CPS dismisses the claims as “unsubstantiated” then how the Family Court proceeds will depend on the specific facts of the case. If the claims are substantiated then the Court will likely stay the Motion to Change Custody and defer on any rulings until the Abuse & Neglect case has run its course.
How these types of cases proceed will always be fact specific. It is important to understand that you are at risk of losing child custody, even if the allegations are false. It is vital that you contact an experienced lawyer to assist you. As a Las Vegas CPS attorney I am able to handle such matters. Contact us today to schedule an initial consultation.