Right to move out of county
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Right to move out of county
What rights does a parent have to move out of the county where they have a CPS case? Are parents "hostages" to the county where they have a case? Or are they allowed to move if it's in their best interests, due to housing, job, etc?
- family_man
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Re: Right to move out of county
You are not violating any laws if you move anywhere you want. If you still have legal custody of your children, you may take them with you. Even if you don't have custody, you can still probably move if you have a "good" reason to do so, such as a new job. I moved to a different state with my children, even though I didn't have custody over one of them. At first CPS tried to stop me, but when the DA told my caseworker she would lose that battle in court, she let me go (under the ICPC).
In Texas, you are required by law to notify CPS where you are moving if there is an open case on your family. Violation is a misdemeanor. I don't know whether other states have such a provision in their laws. I have not seen it in any state but Texas, but I haven't looked too carefully, either.
If you still have custody and are moving to escape CPS, I don't think the next county is far enough away. CPS records are kept at the state level, and all counties in the same state have access to the same database of information.
In Texas, you are required by law to notify CPS where you are moving if there is an open case on your family. Violation is a misdemeanor. I don't know whether other states have such a provision in their laws. I have not seen it in any state but Texas, but I haven't looked too carefully, either.
If you still have custody and are moving to escape CPS, I don't think the next county is far enough away. CPS records are kept at the state level, and all counties in the same state have access to the same database of information.
Disclaimer: I am not an attorney, and this is not legal advice.
Re: Right to move out of county
Thanks FamilyMan. Doesn't the state have legal custody when the case is open? If you have your children living with you, then that's physical custody, right?
The reason for moving would just be a personal and practical choice and not to evade a cps case. The move would happen regardless of the cps case.
The reason for moving would just be a personal and practical choice and not to evade a cps case. The move would happen regardless of the cps case.
- family_man
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Re: Right to move out of county
An "open case" may be an investigation, or a family preservation case. In both of these, the parents still have custody (legal and physical). Legal custody can only be changed by a judge, who may award it temporarily or permanently to CPS or another person.
Yes, physical custody means the children are living with you. But if the state has been awarded legal custody by a judge, then you cannot move without the permission of the state (CPS), or by order of a judge. This is true even if you have physical custody.
Yes, physical custody means the children are living with you. But if the state has been awarded legal custody by a judge, then you cannot move without the permission of the state (CPS), or by order of a judge. This is true even if you have physical custody.
Disclaimer: I am not an attorney, and this is not legal advice.
Re: Right to move out of county
I've known people who moved during a CPS investigation. They were accused of interfering with an open investigation. They moved without notifying CPS - and went into hiding in Oregon.
A warrant was put out for their arrest and when they called law enforcement for help with a new neighbor, they were arrested and their child given to CPS in the original state and county.
Later charges were dropped and the child eventually returned to her parents, but not right away.
Of course, every case is different, however if you move during an investigation with the intent of getting away from CPS, this might happen to you.
A warrant was put out for their arrest and when they called law enforcement for help with a new neighbor, they were arrested and their child given to CPS in the original state and county.
Later charges were dropped and the child eventually returned to her parents, but not right away.
Of course, every case is different, however if you move during an investigation with the intent of getting away from CPS, this might happen to you.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.
"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...
Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.
"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...
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Re: Right to move out of county
It is important to know what your options are, and the risks. Even if there is statute that states that you must notify CPS I think that this would be Constitutionally challenged.
I moved during an "investigation" and they filed a month later. This is a Court Order to Appear. I did not. (I did call in to the Hearing.) They are in the midst of filing for Contempt of Court. Of course I lost the Custody Hearing (the first hearing) as well as the Appeal (as this is the system). Because my children are custody of the State and I have not relinquished my son, they are now moving towards filing for Custodial Interference, which is a felony.
Just because you move, you are not immune to their grasp.
On the other side, I have heard of people leaving and them dropping the case. So, I think its a matter of what kind of resources they want to use. They are now joining with US Marshalls who are federal, far surpasses county lines.
I moved during an "investigation" and they filed a month later. This is a Court Order to Appear. I did not. (I did call in to the Hearing.) They are in the midst of filing for Contempt of Court. Of course I lost the Custody Hearing (the first hearing) as well as the Appeal (as this is the system). Because my children are custody of the State and I have not relinquished my son, they are now moving towards filing for Custodial Interference, which is a felony.
Just because you move, you are not immune to their grasp.
On the other side, I have heard of people leaving and them dropping the case. So, I think its a matter of what kind of resources they want to use. They are now joining with US Marshalls who are federal, far surpasses county lines.
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