Can CPS Really Just Come in And Take my Kids Away? (Part 2)

Sitting person burying head into arms
CPS can do certain things, but they don’t have the power they want you to believe!

Welcome back and thanks for joining us again. We understand that this is a really hard subject to read about, and for Michigan parents who are already battling Children’s Protective Services (CPS), it’s excruciating. However, like all battles, the better prepared you are, the better your chances of winning! So congratulations on being proactive, and choosing to educate yourself on what your options may be when CPS wages war on you and your family.

As we pointed out in the previous article, online advice can be a great resource, but if you’re actually involved in a CPS investigation here in southeast Michigan, you need more than an article – you need an experienced Child Protective Services defense attorney right now!

What can I do to get my child back from CPS?

If your child has been removed from your care by CPS, and a petition has been filed with the Oakland County Family Court asking the court to take jurisdiction over your family, you MUST hire an experienced CPS defense attorney and fight for your children IMMEDIATELY! Hiring an attorney should happen as soon as the family is aware that CPS is involved.

Once a CPS worker has removed your child, you can’t simply go and get them back – you have to go through a complicated, complex and confusing process. This could mean participating in the court ordered CPS services we talked about last time, like parenting classes, substance abuse counseling or anger management therapy. Or, if parental termination is on the line, it could mean other, more serious options that your CPS attorney will walk you through. Hiring the right attorney is critical. Dealing with Oakland County Childrens Protective Services is best done by an attorney with tons of experience handling CPS cases in Michigan.

Can I appeal the court’s decision if they terminate my parental rights?

Yes you can. Which is why we encourage all parents who’ve recently lost their children to the state, to contact us immediately! If your parental rights have already been terminated by order of an Oakland County Court, this would require appealing the judge’s decision to the Michigan Court of Appeals, or filing for other post-judgment relief. There are very important time limits to monitor. Most often, time is working against you. That means acting quickly and without delay.

Once your parental rights are permanently revoked, you will not be allowed to contact your children until they become adults! The clock is ticking, and the appeals process is both time consuming and confusing, and has to happen within a certain window of time. So the sooner you have an experienced CPS attorney working to appeal a termination of parental rights, the better.

Can I voluntarily give up my parental rights?

There are a few very select circumstances where a parent can voluntarily give up the rights to their children, without having CPS or the police involved. Curious? Let’s say, for example, that after a divorce your ex offers you the opportunity to give up your parental rights so that their new spouse can legally adopt the children, you are legally entitled to make that choice. This is called a voluntary termination of parental rights and happens when you sign a release through the court. This usually happens at the same time as a stepparent adopts the child. However, the judge has the right to approve or disapprove the termination as well as the step-parent adoption. Under the right circumstances, most of our family court judges in Metro Detroit (Oakland, Macomb and Wayne counties) do permit these step-parent adoptions.

Without an accompanying stepparent adoption, most Oakland County judges will not approve a request to ”sign off” on a child. However, relinquishing your parental rights is a very big decision and should never be made without a full and complete understanding of what the consequences will be. Be mindful that there are many consequences that you need to consider before making this very important decision. Never try to make this kind of choice without the counsel of a family law attorney.

Having your parent rights terminated is heartbreaking for a parent!

We hope this has been helpful in answering some of your questions and explaining a little about Michigan’s parental rights termination process. However, once again we want to point out that if you’re involved with CPS in any capacity, you should not be using internet information to guide your choices.

You need to meet with an experienced CPS defense attorney as soon as possible, who can properly explain the process, and how it affects your unique case. Here at The Kronzek Firm we’ve helped countless Oakland County families protect their rights and keep their children. Call (248) 479-6200 as soon as you’re ready to hire the right lawyer, and discuss the allegations against you with someone who can help! We’re available for crisis intervention immediately.