What Are Your Rights Against CPS in Michigan

 

Child Protective Services or CPS. How do you deal with them? Should I deal with them?

 

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People always ask about Child Protective Services or more commonly referred to as CPS. 

 

Do I have to talk to CPS?

Do I have to let them into my home?

Do I have to do all these things?

Do I need to cooperate with them?

A person can always take the position of not letting CPS in when they come knocking. Taking the position of not cooperating.

You are not talking to them.

You’re not producing the child.

You are not cooperating in any way.

You have the right to do that

But you also have the right to do that with the court too. You have the right to do that with the police. You have always refused to cooperate.

The question is what is the sanction or what is the result of your lack of cooperation?

We live in a free society, You have the right to say no if you want to. But don’t think there’s no consequence. There’s always a consequence.

You wanna exercise your freedom of speech for example, and call the judge a jerk.

You have the right to do that. But If you do that, don’t think it wont impact you. Or don’t think the court might not feel that a contempt sentence will be appropriate for you.

You’re saying things out of the realization you have freedom of speech. You do. You have the right to say it. No one will stop you from saying it. However if you say it, there may be a consequence.

Similarly, you can slam your door on CPS. You can say you’re not cooperating, You’re not letting CPS come check if your place is suitable. You have every right to do that.

The problem is, if you do it, what do you think will happen?

They’re going to presume you got something going on there. It renders you unsuitable to have custody of your kid. While you’re going for custody of your kid, they will recommend otherwise. Take that child away from you. They’re going to take action based on your lack of cooperation.

The better approach is to have your house in order. Do what you have to do. Cooperate to the extent that they require.

If they have questions. Answer them.

They want to see the house. Show them your house.

The worst thing you can do is to create a false impression you’re somehow doing something illegal when you’re not even doing that.

 

Here’s the bottom line. If there’s a reason to not cooperate with them, for example they come there every week snooping. The visit is nothing more than just a fishing expedition. At some point in time everybody has a limit. Don’t cooperate with them.

It’s a different case however if they come to visit because of a complaint. There’s a range of complaints people can throw at you.

You don’t have a suitable home.

You don’t have food in your fridge.

Your house is a pigsty.

Your house is a hazard.

If they come there with those complaints, and you don’t let them in. That will be a mistake.

Let them in. Let them see how beautiful your home is.

Show them you got all types of Campbell soup in your pantry. You got that fridge filled with beautiful wholesome food. Let them see that.

They’ll realize you have nothing to hide.  they’re gonna turn to the other person and say “Stop wasting our time. This guy is fine!”

You can work that to your advantage.

But remember one thing, non cooperation especially in the court system, usually does not work to your advantage

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Goldman and Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.

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