TRY ME!
Cps Child Custody Disputes
Summary
In North Dakota, Child Protective Services (CPS) can temporarily remove a child if they believe the child is in immediate danger. However, a court order is usually required for long-term placement changes. The childs statement can be a factor but usually isnt the sole basis for removal. If CPS conducts an emergency removal, a court hearing should be held within 96 hours to determine if the removal was necessary. If no court hearing has occurred and the CPS case is closed, the primary custodian should be able to retrieve the child. A CPS Safety Plan is a document created when CPS believes a child is at risk. It outlines steps the parents must take to ensure the childs safety. However, it does not override a custody judgement and is not legally binding.Full Conversation
Im in North Dakota and I need to know if Cps has the power to remove a child from the primary parents custody based solely on what they say my 8 year old supposedly had said to a cps worker during an interview?without having a court order, no criminal charges have been filed, or even any open investigations?
In North Dakota:
- CPS can temporarily remove a child if they believe the child is in immediate danger.
- However, a court order is usually required for long-term placement changes.
- The child's statement can be a factor but usually isn't the sole basis for removal.
You may wish to contact a family law attorney for more specific advice.
- CPS can temporarily remove a child if they believe the child is in immediate danger.
- However, a court order is usually required for long-term placement changes.
- The child's statement can be a factor but usually isn't the sole basis for removal.
You may wish to contact a family law attorney for more specific advice.
My husband has primary custody and the child's mom only has visitation two weekends a month, but cps has placed his child with the mom and is saying my husband can now only have supervised visits. CPS is saying that his child said that he was being slapped in the face by my husband and myself to his mother during her visit and again to a cps worker during an interview at his mom's house. They reported it to the police and they refused to seek any charges due to lack of evidence and unreliable testimony and closed the case the day after it was reported to them.
I understand your situation. In North Dakota:
- CPS can conduct an emergency removal if they believe a child is in immediate danger.
- A court hearing should be held within * hours to determine if the removal was necessary.
- If you disagree, you can request a hearing to challenge the placement.
You may want to consult a family law attorney.
Phone:(*) *-*
Address: * E Boulevard Ave, Bismarck, ND *
Website: www.ndcourts.gov
- CPS can conduct an emergency removal if they believe a child is in immediate danger.
- A court hearing should be held within * hours to determine if the removal was necessary.
- If you disagree, you can request a hearing to challenge the placement.
You may want to consult a family law attorney.
North Dakota Supreme Court
Phone:(*) *-*
Address: * E Boulevard Ave, Bismarck, ND *
Website: www.ndcourts.gov
There was no hearing and the cps case was closed as unconfirmed. So does my custody judgment as primary custodial parent allow me to go get my child from his mom's and bring my child back home with me?
In North Dakota:
- As the primary custodian, you generally have the right to have your child live with you.
- If there was no hearing and the CPS case is closed, this generally means CPS didn't find substantial evidence of abuse or neglect.
- It's recommended to consult with a local family lawyer for advice tailored to your situation.
- As the primary custodian, you generally have the right to have your child live with you.
- If there was no hearing and the CPS case is closed, this generally means CPS didn't find substantial evidence of abuse or neglect.
- It's recommended to consult with a local family lawyer for advice tailored to your situation.
So cps cannot remove my child from my home and chanfe my custody judgment without a court order?
In North Dakota:
- Generally, CPS cannot permanently change custody without a court order.
- Temporary changes due to immediate danger are possible, but a hearing should follow.
- If you believe your rights have been violated, consult a local family attorney.
- Generally, CPS cannot permanently change custody without a court order.
- Temporary changes due to immediate danger are possible, but a hearing should follow.
- If you believe your rights have been violated, consult a local family attorney.
What is considered temporary placement?
In North Dakota:
- Temporary placement usually refers to emergency removals by CPS due to perceived immediate danger.
- It is not a permanent change in custody, and a court hearing is typically held within * hours.
- The child is placed in a safe environment during this period.
- Temporary placement usually refers to emergency removals by CPS due to perceived immediate danger.
- It is not a permanent change in custody, and a court hearing is typically held within * hours.
- The child is placed in a safe environment during this period.
No hearing was done and its been over a month since cps removed my child from my home and placed my child with his mothers home. Can they refuse to let me retreve my child from his moms?
In North Dakota:
- If no court hearing has occurred and the CPS case is closed, you should be able to retrieve your child.
- However, if there's a dispute, police may not enforce without a court order.
- Consult a family lawyer to navigate this process.
- If no court hearing has occurred and the CPS case is closed, you should be able to retrieve your child.
- However, if there's a dispute, police may not enforce without a court order.
- Consult a family lawyer to navigate this process.
Can i call local law enforcement and have them enforce my custody judgment if the mom refuses to return my child?
In North Dakota:
- Yes, you can contact local law enforcement to enforce a custody order.
- However, their involvement can vary. Some may enforce it directly, others may only file a report.
- Consult a family lawyer to understand your options better.
- Yes, you can contact local law enforcement to enforce a custody order.
- However, their involvement can vary. Some may enforce it directly, others may only file a report.
- Consult a family lawyer to understand your options better.
What is the statue or law that requires cps to have a hearing within * hours for emergency removals?
In North Dakota:
- The law is under North Dakota Century Code *-*-*(*)
- It states that a hearing must be held within * hours if a child is removed from their home due to an emergency situation.
- This allows a court to determine if the removal was necessary.
- The law is under North Dakota Century Code *-*-*(*)
- It states that a hearing must be held within * hours if a child is removed from their home due to an emergency situation.
- This allows a court to determine if the removal was necessary.
Is the primary parent notified or required to be present at the hearing?
In North Dakota:
- The primary parent is typically notified and has the right to be present at the hearing.
- They may also bring legal representation.
- It's important to consult with a family lawyer to ensure proper procedures are followed.
- The primary parent is typically notified and has the right to be present at the hearing.
- They may also bring legal representation.
- It's important to consult with a family lawyer to ensure proper procedures are followed.
What is a cps safety plan
In North Dakota:
- A CPS Safety Plan is a document created when CPS believes a child is at risk.
- It outlines steps the parents must take to ensure the child's safety.
- It's usually developed with the parents' input, but it's not legally binding.
- A CPS Safety Plan is a document created when CPS believes a child is at risk.
- It outlines steps the parents must take to ensure the child's safety.
- It's usually developed with the parents' input, but it's not legally binding.
So a safety plan cannot overthrow a custody judgment?
In North Dakota:
- A CPS Safety Plan does not override a custody judgement.
- It's a temporary measure to ensure child's safety, not a legal change in custody.
- Any permanent change would require a court order. Consult a family lawyer for specific advice.
- A CPS Safety Plan does not override a custody judgement.
- It's a temporary measure to ensure child's safety, not a legal change in custody.
- Any permanent change would require a court order. Consult a family lawyer for specific advice.
What is the time line of a temporary measure in these cases?
In North Dakota:
- The duration of a temporary measure like a CPS Safety Plan can vary based on the specific case.
- Typically, it lasts until CPS determines that the child is no longer at risk.
- Consult a family lawyer for detailed information.
- The duration of a temporary measure like a CPS Safety Plan can vary based on the specific case.
- Typically, it lasts until CPS determines that the child is no longer at risk.
- Consult a family lawyer for detailed information.
The case was classified as unconfirmed, is the safety plan still active?
In North Dakota:
- If a CPS case is closed and classified as unconfirmed, it generally indicates that the safety plan would no longer be active.
- However, it's recommended to confirm this with CPS or consult a family lawyer.
- If a CPS case is closed and classified as unconfirmed, it generally indicates that the safety plan would no longer be active.
- However, it's recommended to confirm this with CPS or consult a family lawyer.
Cps says i have no active cases, so if the case is no longer active and there has been no court hearing that means the safety plan is moot and unenforceable?
In North Dakota:
- If a CPS case is closed and there's no active investigation, the safety plan typically becomes unenforceable.
- However, you may want to consult with a family lawyer to confirm this information.
- If a CPS case is closed and there's no active investigation, the safety plan typically becomes unenforceable.
- However, you may want to consult with a family lawyer to confirm this information.
How reliable is this information?
Our information is sourced from reliable legal databases and intended to provide general guidance. However, it's recommended to consult a local family attorney to get advice tailored to your specific circumstances.
Start a new chat