Should I Call CPS on My Co-Parent?

 Posted on November 12, 2024 in Family Law

Knowing that your children are being neglected or abused when they are with their other parent can be horrible. If you know that something is wrong in your co-parent’s household, dropping your children off there may feel like torture. The signs that something is wrong may be subtle - your children are always hungry when you pick them up, or they are coming back to you wearing dirty clothes and in need of a bath. Or, you may have seen more substantial evidence that your children are not safe with your co-parent. Many parents who are facing this incredibly difficult situation believe that calling CPS on their co-parent will mean that the children are removed from the co-parents' custody and placed in the caller’s exclusive custody. While this would often be best for the children, it is, unfortunately, not how these situations usually end. A Northville, MI child custody lawyer can take immediate steps to help you protect your children. You should always call 911 if someone is in immediate danger.

What Happens if I Call CPS on My Co-Parent? 

CPS is a reactive, not proactive, agency. They rarely remove children from a household unless there is an obvious and immediate danger to the child. This is a fairly high threshold. More often, CPS offers services like parenting classes and creates safety plans for parents to follow. For example, if the problem is that your toddler keeps eloping while your co-parent naps, CPS may simply require the parent to install door alarms or locks the child cannot reach rather than removing the child.

CPS also does not like to get involved in child custody cases. You may quickly find that CPS is not interested in championing you in court. Calling CPS on a co-parent can also backfire - the worker assigned to your children’s case may ask why you have not filed for exclusive custody if your children are unsafe in your co-parent’s house.

What Can I Do Instead of Calling CPS if My Co-Parent is Neglecting or Abusing My Children? 

You should always speak to a qualified family law attorney before taking any action other than calling 911 when someone is in immediate danger. You may be able to file for exclusive custody or have your co-parent’s time with the children limited to supervised daytime visits in a designated visitation center. Family law courts put the children’s interests first. If the children need to be placed with you for their own safety, the court may be willing to grant you full custody. Your attorney can also discuss whether going to the police would be helpful or necessary.

Contact an Oakland County, MI Child Custody Attorney 

Elkouri Heath, PLC is dedicated to helping parents help their children. Our committed Northville, MI child custody lawyers will work to ensure that your child can live in a safe and healthy environment. Contact us at 248-344-9700 for a complimentary consultation.