This is the next post in my series on situations in which Peoria, Illinois fathers must file for emergency child custody. My last article discussed signs which may indicate that your child is in danger and that Court action may be required. It is important that action be taken immediately, or else the Court will be less likely to consider the situation an “emergency.” In this article I will discuss another important topic – when a dad may need to take the important step of contacting Child Protective Services. While calling CPS is often necessary, it is important that you not do so unless the situation warrants it. An experienced attorney can help you to fully understand all of your options. If you require assistance then contact my office today to speak with a lawyer.
Child Protective Services will become involved in a case when they believe that a child’s situation presents an immediate threat to their physical or emotional well-being. The extent to which CPS will involve itself will depend on the gravity of the situation. If, for example, a parent is abusing illegal drugs, is regularly abusing alcohol and becoming aggressive towards the child, or if a parent is committing criminal activity then CPS is likely to immediately remove the child from the home. For more “minor” cases, such as those where a parent is failing to adequately supervise the child or the home is being kept in an unsanitary condition (to the point that the child’s health is at risk), CPS may work with the offending parent to fix the situation without having to remove the child. How CPS will handle any given situation will always depend on the facts of the case.
The decision to contact CPS should not be taken lightly. If your child is truly in danger then you should contact law enforcement and Child Protective Services immediately. If, however, you make a claim that is found to be unwarranted, then doing so can possibly be seen as an attempt to interfere in the mother’s relationship with the child. Such interference, depending on the totality of your circumstances, may be grounds for the Court to change child custody and/or reduce your visitation. If your child is not in immediate physical danger, and you are considering contacting CPS, then it may be wise to speak with a fathers’ rights lawyer before doing so.
If you are a dad who finds yourself in such a situation then contact my office today to speak with a Peoria child custody attorney. I am a former prosecutor who strongly believes that everyone is entitled to aggressive representation. I also service the cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. I also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford.