Once Your Kids Are in Foster Care, Getting Them Back Can be Extremely Difficult!

Red tape wrapped around hand
There is all kinds of red tape you need to jump through to get your kids back, once CPS has taken your children away.

When CPS takes your children away and places them in another home (whether it’s with strangers in a foster home, or with relatives of yours) you immediately become engaged in a battle where time is NOT on your side. And we don’t mean that from a legal standpoint, we mean as a parent. Once your children have been taken from you by the state, you’re going to have to jump through several court-ordered hoops before they’ll be given back. And hoop-jumping is never a speedy process.

Court orders are not to be taken lightly.

Most parents who call us, heartbroken about the fact that their children were removed by CPS, want to know when they can get them back. “Can I have them back later today? What about tomorrow? Certainly by the end of the week, right?” And it breaks our hearts, both as parents and as attorneys. Because it isn’t that simple. If the state removed your children from your care, then that removal was considered a court order, and orders handed down by the court cannot legally be ignored, and nor are they “quick and easy” to reverse or change.

You aren’t just dealing with CPS here…

It may have been a CPS worker who came to your house and made the decision that your kids were at risk, but once that removal order is in place, it’s up to the court to change it. Which means that this isn’t about you convincing a CPS worker that you can be a better mom, or that you’re actually already a great dad. This is about you proving to a Judge that you’ve done everything they asked of you. And that means appearing in court. Which, as you can probably imagine, is something that has to be scheduled well in advance. So no, this isn’t likely to be a speedy process.

Court ordered classes take time.

For example, if the court orders that you attend parenting classes, you can’t just rush home and take all the parenting classes in one day to speed up the process. Chances are, they’ll be offered once or twice a week, and you’ll need to finish a specific course of classes. That can take some time, and the Judge isn’t likely to let you have your kids back until they’re satisfied that you’ve completed the tasks they assigned to you (and benefitted from them!). The same goes for anger management counseling, or substance abuse counseling. It takes time to complete the requirements, and during that time, you will be without your kids.

That’s where a good attorney can make a difference.

Although every case is different, there are many instances where CPS was too hasty in deciding that your kids were at risk. Having a good attorney with lots of experience handling removal cases can make a big difference to how long you have to be without your children. So if CPS is threatening to take your children away, or they already have, call The Kronzek Firm immediately at 866 766 5245.Our experienced CPS defense attorneys can help you fight for your family!