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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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My children lived with their dad and then cps got involved

Customer Question

My children lived with their dad and then cps got involved because my daughter claimed abuse and cps placed them in my custody when we had our family meeting with the cps case worker. Now he is wanting to come get my youngest daughter because hes asked her if she wanted to live with him and she first said yes but has changed her mind. She is 15 and my oldest child has already moved back with her dad because she didn't like my rules. Do I have to let her go? Or does the cps papers outweigh the custody papers?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
What governs here is the last action taken. In other words, if there is an existing custodial order in place and CPS felt that the children were in danger, until CPS rescinds that order, the children are free to stay with you. Once CPS concludes the investigation and finds no merit, then the custodial order is again controlling.
Sincerely,
Dimitry, Esq.