When Child Protective Services (CPS) becomes involved in a family’s life, the focus is often on the custodial parent. Noncustodial parents are often overlooked in CPS investigations and court proceedings. Whether you live in Michigan or anywhere in the state, understanding your rights as a noncustodial parent can be critical to protecting your relationship with your child.
Right to Be Notified of CPS Proceedings
Under Michigan law, a parent whose parental rights have not been terminated is entitled to notice of child protective proceedings. This includes noncustodial parents, even if they live out of state or have not had recent contact with the child. Please note this only applies to parents whose parental rights have been established. If you have reason to believe that you are the biological parent of a child who is the subject of a CPS case, contact an experienced family law attorney right away to ask how you can establish your parental rights.
The parent must be served the initial petition and summons, unless the court allows service by publication when the parent cannot be located. If you do not receive proper notice, you may have the right to challenge improper service or lack of notice.
Right to Participate in Hearings
Even if you are not the parent accused of neglect or abuse (Non-Respondent Parent), the court can later add you as a party if statutory requirements are met such that your custody and parenting time rights may be addressed. Noncustodial parents have the right to appear and participate in CPS court hearings, either in person or remotely.
Participation rights include:
- Presenting evidence and witnesses.
- Questioning CPS caseworkers or other witnesses.
- Making legal arguments through your attorney.
Right to Seek Custody or Placement
Michigan law favors placement with a parent if possible. If CPS removes a child from the custodial parent, the court must consider the noncustodial parent as a placement option before foster care. To be considered, you may need to pass a criminal background check and CPS history clearance. You will also need to demonstrate that you can provide a safe and stable home.
Right to Parenting Time
A noncustodial parent who is not a respondent in a Michigan CPS case MUST be considered for placement absent specific safety concerns. As a non-respondent parent, you have the right to request placement at each dispositional or review hearing and to object to or challenge any restrictions on contact that are not supported by evidence or necessary to protect the child.
Right to an Attorney
Navigating a CPS case can be complex and confusing. Even when you are not the parent under investigation. You don’t want to risk losing contact with your child. Hiring your own CPS defense lawyer can help ensure your rights are protected and that you are actively considered for placement.
Why Legal Representation Is Critical
CPS proceedings move quickly, and there is little room for error. Missing a hearing or failing to assert your rights can lead to loss of custody, limited parenting time, or even termination of parental rights. An experienced Michigan CPS attorney can:
- Ensure you receive proper notice.
- Petition for custody or increased parenting time.
- Challenge improper evidence or caseworker conclusions.
- Represent you at all hearings and negotiate with CPS.
Contact Us Today!
At The Kronzek Firm, we understand the stress involved when CPS gets involved in your life. We have years of experience defending people in CPS actions. If you are a noncustodial parent and your child is the subject of a CPS action, you have legal rights to notice, participation, and possible custody. Contact us today.
📞 Our attorneys have helped thousands of Michigan clients for more than 30 years. You can reach all of our offices 24/7 by calling 1-800-KRONZEK or emailing us at contactus@kronzek.law.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]