Q: I want to have my child's father removed from my home by the police will they automatically call cps to report this?
I was told by a friend anytime a police report is made against a couple with children cps is automatically called and a report is made. I desperately want him removed due to his constant verbal and emotional abuse but I do not want the stress of having cps involved as I have heard the many horrer stories. My daughter is happy, healthy, a type 1 diabetic who needs special care which I am the main provider, and very much taken care of. He is a good father but a horrible spouse what can I do without dealing with cps when I do not deserve it?
A: A court can order CPS intervention or a police can contact CPS if they feel that it is necessary because a child is in dange. However, there are other options that typically do not involve CPS. If you file an emergency protective order/EPO against your husband if he is violent or making threats against you or the child he could be removed from the home temporarily. You also the option of filing for divorce and negotiating an agreement where he no longer lives in the home. These two options typically don’t involve CPS.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.