Can a Person with an Open CPS Case Move to a Different County While Their Children Are Not in Their Custody?

Yes, a person with an open Child Protective Services (CPS) case can move to a different county, but it is crucial to understand the important considerations involved in such a move. This guide provides an overview of the steps and legal implications to ensure compliance while protecting the well-being of the children involved.

Notification to CPS

It is essential to notify the CPS caseworker of your intention to move. This information is vital for the agency to monitor and ensure the safety of the children involved. Failure to notify CPS can result in complications and may be considered a violation of the case requirements.

Legal Implications of Moving with an Open CPS Case

Moving with an open CPS case can affect the case's jurisdiction. CPS cases are typically handled by the county where the children reside or where the case was originally opened. Understanding the extent of jurisdictional changes is essential to navigate the legal landscape effectively.

Transferring the CPS Case to a New County

Contacting Your Current CPS Caseworker

Reach out to your current CPS caseworker to discuss your move. They can provide guidance on the process for transferring the case to the new county. This initial step is crucial in ensuring that you follow the proper procedures.

Contacting the New County CPS Office

Once you move, contact the CPS office in your new county. They will require information about the case and may conduct their own assessment. This process helps ensure that the new jurisdiction remains informed and involved in the case.

Documentation and Record Keeping

Be prepared to provide any necessary documentation related to your case. This may include court orders, case notes, and reports. Completing these steps efficiently can help facilitate the transfer process and maintain compliance with the case requirements.

Involvement of Ongoing Court Proceedings

If there are ongoing court proceedings, you may need to inform the court of your move. You may also need to file a motion for the case to be transferred to the new county's jurisdiction. This step is critical to maintain legal continuity and protect the children's best interests.

Additional Considerations

Seeking Legal Advice

It may be beneficial to consult with a lawyer who specializes in family law or CPS cases. Understanding your rights and obligations during this process is crucial for making informed decisions and ensuring compliance with legal requirements.

Support Services in Your New County

Consider seeking support services in your new county that can assist you in meeting any requirements set forth by CPS. These services can provide you with the necessary resources and guidance to navigate the legal and administrative complexities of the move.

Regional Laws and Legal Implications

Rules and laws regarding moving with an open CPS case can vary significantly depending on the region. In Nevada, for example, it is illegal to remove children from the state without the consent of CPS. Additionally, moving children out of state without the written consent of the other parent or a court order is not permissible.

Challenges and Case Outcomes

Parents who attempt to flee with their children face numerous challenges and potential legal repercussions. In some cases, CPS continues to track down and pursue these parents, ultimately filing lawsuits to regain custody of the children. However, there are instances where judges or countries have ruled against CPS, allowing the parents to remain in the new location.

For instance, in Poland, a case where both parents fled with their child, a judge ruled that CPS should back off and leave the family alone. Similarly, in Switzerland, a mother and her three young children fled from the Netherlands after enduring constant stress and legal challenges. Unfortunately, the mother died due to a heart attack, but CPS persisted in its pursuit for custody of the children.

These examples highlight the serious nature of moving with an open CPS case and the importance of navigating the legal landscape with caution and expertise. While it is possible to successfully move and gain legal standing in a new location, these cases often involve significant challenges and risks.

Always ensure that any actions taken are in the best interest of the children involved and comply with legal requirements set by CPS and the courts. Consulting with a legal professional and seeking support services can help navigate these complex situations more effectively.