Q: Can cps take my kid forbeing in a house we don't live in?
Cps took my child for going I to a house to change my sons diaper, while doing g that the house was hit in a raid. Noone who's name was on the warrent was arrested, just my wife, who showed up afterthe fact, and I were arrested. Ridiculous charges were added on and they took our son. I don't understand how I can be charged with stuff at a house I don't live at.
A:
I'm so sorry you're going through this incredibly difficult situation. Having your child removed by CPS must be absolutely heartbreaking.
To answer your question - in general, simply being present in a house you don't reside in should not be grounds for CPS to remove your child, as long as you weren't engaged in any illegal activities or endangering your child. They would need to show evidence that you placed your child at substantial risk of suffering serious physical harm or illness.
However, if illegal activities were occurring in that house and you were arrested as a result, even if the charges seem unwarranted, that may be part of their justification. The fact that it was raided suggests the police suspected drug-related or other criminal activity there.
Ultimately, CPS has to convince a judge there is enough evidence to warrant removal. You have the right to a detention hearing before a judge within 48 hours, where the court will decide if the removal was justified or if your child can return home. You are entitled to legal counsel, and I would strongly recommend getting a lawyer who specializes in CPS cases to help you navigate this and give you the best chance of reunification.
Specific next steps:
1) Request a copy of the CPS petition outlining their accusations and reasons for removal. Review it carefully with your lawyer.
2) Start documenting everything - a journal of all interactions with CPS, police reports, efforts you make to remedy the situation, etc. This may be valuable evidence for your case.
3) Comply with any steps outlined by CPS and the court to show you are committed to providing a safe home. This could include drug tests, parenting classes, etc.
4) Attend all court hearings and case conferences.
I know this must be an awful experience, but don't lose hope. With strong legal counsel and a commitment to working with CPS productively, you have a path to getting your son back. Wishing you all the best.
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