Family Law Blog

Ultimately, the judge has greater authority to control a CPS lawsuit involving an allegation of abuse or neglect to a child. However, the judge's authority is limited to only address requests and evidence that are present to the Court, so many decisions get made by CPS without the judge even knowing about it.

In the context of a CPS lawsuit, the judge must ultimately determine what is in the "best interest" of the child. Those two words--best interest--are packed with a ton of meaning, which is further explained here. All of the parties to a lawsuit will try to convince the judge about what is ...

Under certain circumstances, a foster parent may intervene in a CPS case before twelve months. The statutory and case law provisions that govern a foster parent’s ability to intervene in ongoing CPS litigation are complicated. There are many misconceptions about this based upon lawyers and non-lawyers alike oversimplifying the statutory provisions. 

In some circumstances, the foster parents know the child better than anyone else, and the foster parent’s intervention in the CPS case is necessary in order for the court to hear all of the facts and be able to determine what is in the ...

Intervening in CPS lawsuits is complicated. There are many scenarios and situations in which a relative or a foster parent may intervene in a CPS lawsuit—regardless of whether or not you have possession of the child.

Interventions are extremely dependent upon the facts and circumstances of a particular case. This is because of the complex nature of determining what is in the “best interest” of a child. Often times, the relatives or foster parents know the child better than anyone else, including the biological parents. Other times, the other parties in the courtroom do not have ...