If you are dealing with a situation involving Child Protective Services (CPS), it is crucial to consult with a family law attorney who can provide specific guidance based on the laws and regulations in your jurisdiction.
The outcome of a custody case when CPS is involved will depend on various factors, including the specific circumstances of the substance abuse problem and the domestic violence case, the steps taken to address these issues, and the best interests of the child.
Here are some general considerations:
Substance Abuse Problem: If one or both parents have a substance abuse problem, it can be a significant concern for CPS and the court. However, the court may be willing to work with parents who acknowledge the issue and take steps towards recovery. Engaging in a substance abuse treatment program, attending counseling, and demonstrating sobriety over time can be crucial in regaining custody.
Domestic Violence Case: Domestic violence cases are taken very seriously by CPS and the courts. If there is a history of domestic violence involving one or both parents, the court will prioritize the safety of the child. The abusive parent may need to complete a batterer intervention program or undergo counseling to address the issue.
Parenting Capacity: CPS will assess the parenting capacity of both parents to determine if they can provide a safe and stable environment for the child. This evaluation includes factors such as the ability to meet the child's physical and emotional needs, providing a suitable living environment, and ensuring the child's safety.
Safety Plan: In some cases, CPS may work with the parents to create a safety plan that outlines the steps they need to take to regain custody. This plan may involve counseling, substance abuse treatment, parenting classes, and regular visits with the child.
Kinship Care: If CPS determines that it is not safe for the child to be with either parent, they may explore other options, such as placing the child with a relative (kinship care) or in foster care.
Court Decisions: Ultimately, the court will make custody decisions based on the best interests of the child. They will consider all relevant factors and evidence presented by both parties and may issue temporary or permanent custody orders accordingly.
It is important to cooperate with CPS and comply with any court orders or recommendations they provide. Engaging with appropriate services and demonstrating a commitment to addressing the issues raised by CPS can improve the chances of regaining custody or visitation rights.
Again, please consult with a family law attorney to get personalized advice and guidance based on your specific situation. They can help you understand the laws in your jurisdiction and advocate for your rights as a parent.