My wife and I are being investigated by Child Protective Services because of a non-physical domestic violence incident that was blown wildly out of proportion.
We recently learned CPS is taking us to court forcing us to participate in their “services” or else we will lose our children.
Can my wife and kids legally move out of state during a CPS investigation without fear of the agency coming after our children?
While I am not licensed to practice in your jurisdiction, I can provide you with some general divorce help for men regarding your child custody question.
With regards to your question, I would want to confirm the exact involvement of Child Protective Services (CPS) in your case. If they have opened a court case or are about to open one, you will be required to respond and thus moving out of state may either violate a court rule or state law, or perhaps make it appear like you are trying to escape the court process.
In any event, that may give the court and CPS suspicions with regards to your situation. Your state may possibly still retain jurisdiction over you and your children even if you should move out of the state. Each state has different jurisdictional requirements that may vary with your length of residency, etc.
Learn Your State’s Rules:
If you have received any paperwork or documents from CPS, I would carefully review them to determine what is being requested by CPS and if a response is required.
If no court action is commenced and CPS merely does an investigation and then closes it, then it appears more likely that moving out of state would be proper.
Again, I am unable to provide you with legal advice on divorce and this should not be construed as an attorney-client relationship. Consult with a mens divorce attorney for advice on divorce.
To schedule an appointment with a Cordell & Cordell mens divorce lawyer, including Maile Kobayashi, an Associate Attorney in the Boulder, Denver, office of Cordell & Cordell, please contact Cordell & Cordell.