Child Protective Services (CPS) is an agency that investigates reports of suspected abuse. Unfortunately, even when they receive false information, they’re still required to look into the accusations for the child’s safety. In such cases, it’s important for parents to understand their legal rights to protect their families. Here’s a closer look at how CPS investigations impact family law in Kentucky. 

3 Rights Parents Have With Child Protective Services in Kentucky

1. Refusal of Entry

CPS agents can show up at a home without notifying the parents or children in advance; however, they don’t have the legal authority to enter the property. They also can’t retrieve a warrant on their own. As such, a parent has the right to not allow them inside upon arrival. 

If they try to enter anywhere, the tenant can contact authorities and charge them with trespassing. If the agent believes there’s an immediate threat to the child, they can request law enforcement assistance, who can get a warrant if necessary. 

2. Decline Interviews

Once a complaint is filed, CPS is required to speak with the child. If the meeting occurs in the home, the parent can decline the interview. They do, however, have the legal right to talk to them without a parent’s permission if they’re not present. For that reason, conversations usually take place at school or at home when the parent is out. 

3. Visitation Rights

When a child is removed from the home, they’re placed in the care of a family member (if available) or directed to a foster family until a court hearing. Typically, the parent(s) in the home being investigated isn’t allowed visitation. 

In instances where suspected issues involve a partner or spouse of one parent but not the individual themselves, they can usually petition the court for visitation hours while waiting for their court date. They can also offer to stay separate from the partner involved to get their child back. 

However, accusations can complicate other matters of family law, like child custody. For instance, one parent can use claims of abuse raised against their ex’s partner as reasoning to request full or sole custody.

When child custody issues arise, parents across Elizabethtown, KY, rely on Lonneman & Associates PLLC for valuable guidance. The local divorce attorneys are well-versed in areas of family law. Not only can they offer legal assistance when facing CPS allegations, but they can also provide representation to fight any charges or custody issues that arise. Reach out for help today on their website or by calling (270) 765-2190.