If an order was put in place by CPS that my boyfriend couldn’t be around my daughter, can the judge order me not to see him? 25 Answers as of October 23, 2012My daughter was injured while in the care of my boyfriend. Child Protective Services is ordering that he not have any contact with my daughter of any kind and said if I continue a relationship with him, they will tell my ex-husband to file for full custody.
John Russo | John Russo
No, they can only order that you not have the child in his presence, but judges are not stupid and if you are continuing to see this person the chances of him being around the child are high, no matter what you claim. I have seen a number of women loss their children over the years because they chose Mr. Wonderful over their own blood. My advice to you is wakeup, your child was not just injured in his care there is more to this then you are divulging, take your child over this guy, or you just may loss her.
Answer Applies to: Rhode Island
The Law Office of Kate M. Forrest, PLLC | Kate Forrest
The judge can't order you to not see him, but the judge can certainly rule in your ex-husband's favor if he files for custody. The judge will always act in the best interests of the children, and allowing child endangerment to occur is taken very seriously, so it's up to you who you want in your life more, your boyfriend or your daughter.
Answer Applies to: Washington
WARM SPRINGS LAW GROUP | Elliott D. Yug
The judge can't order you to not see anyone. However, if you are involved with someone who has harmed your children, and it sounds like that is the case due to CPS involvement, it might be a good idea to leave the boyfriend. Essentially you have a choice your boyfriend or your kids.
Answer Applies to: Nevada
John E. Kirchner, Attorney at Law | John Kirchner
The judge probably cannot directly order you not to see your boyfriend. He can, however, establish whatever rules he feels necessary to protect your child. That could include, for example, an indirect bar to seeing your boyfriend by stating that the child can only live with you if you do not see the boyfriend ever again.
Answer Applies to: Colorado
Reeves Law Firm, P.C. | Roy L. Reeves
CPS has interjected themselves into your life. You, based on your question, are more concerned about your personal life than the protection of your children. This is not a judgment, merely the way CPS and the Judge will see it if you choose your boyfriend over your kids. So, do as you please but do so knowing the consequences. Yes, a Judge can order you to keep the kids away from the boyfriend. Yes, a Judge can order you to stay away from him too if the Judge finds it is necessary to protect the children. Yes, CPS can and will step in and tell the father to go for custody and they can and will take his side and you will loose the custody fight unless you can afford to hire a sociologist as well as a psychologist and the home study comes back seriously in your favor. In other words, Daddy will spend $2500-4000 on legal fees, you will spend well over $10,000 and he will still have the upper hand. CPS' recommendation is that strong - now, let me say this, I know for fact that CPS is full of people that are WRONG many more times than they are right, they are arrogant, and in many cases, literally ignorant. But they are paid to protect the kids and the Judge is not going to visit your house, speak to you outside the courtroom, or do any investigation whatsoever. CPS does these things, so the Judge assumes the caseworker is doing his/her job and that the caseworker has no agenda and that the caseworker who has done an investigation has the children's best interest in mind.
Answer Applies to: Texas
R. Jason de Groot, P.A | R. Jason de Groot
DCF frequently makes these types of demands in the best interest of the child. If you do not follow their instructions they will probably file a dependency case. We do not know enough of the facts involved surrounding the injury to be able to say much more. The judge in your divorce case or in the dependency action, can do what is necessary to protect your child.
Answer Applies to: Florida
The Law Offices of Tres A. Porter | Tres A. Porter
The judge cannot order you not to see anyone. But, the Court most certainly could award full custody to the child's other parent if you allow someone who has harmed your child to continue to have contact with the child. You should consult with a family law attorney as soon as possible.
Answer Applies to: California
Law Offices of Arlene D. Kock | Arlene D. Kock
The court usually will not order a parent not to see their significant other as a condition of parenting a child. Typically, the order would place the child with the other parent if the current custodial parent is unwilling to protect the child from direct or indirect contact with a person that injured the child.
Answer Applies to: California
ROWE LAW FIRM | Jeffrey S. Wittenbrink
An order prohibiting contact between one's boyfriend and one's children is enforceable by CPS-the boyfriend may not be around those children. Continuing your relationship with the boyfriend will reflect upon your judgment as a parent poorly. While ultimately the court could not prohibit you from seeing the boyfriend, it may certainly order a change of custody if you continue to expose the children to his presence.
Answer Applies to: Louisiana
Troy & Rosenberg, PC | Cathryn Ruckle
This is an interesting issue which I have seen debated a number of times in court with differing results. The court can order that the boyfriend have no contact with the child, but can the court order you not to have contact with him? I have seen judges say yes and have seen judges say no. To be on the safe side, I would advise no contact with the boyfriend, as your continued relationship with him would be used against you in a subsequent custody battle between you and the child's father.
Answer Applies to: Oregon
Mary W Craig P.C. | Mary W Craig
While the judge may not be able to order you not to see him, he can order you not to see him if your daughter is anywhere around. If you want to see someone who allegedly hurt your child, then you need to leave your child with a babysitter or family member not in the same house or location where you see your boyfriend. Please understand that if your boyfriend is convicted of injuring your child, and you do not discontinue your relationship with him, giving your ex full custody of your child will be an easy decision for the judge.
Answer Applies to: Alabama
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
The court order applies to your daughter. You should be able to see him outside the presence of your daughter. BUT, be able to show court she was not there. Example: child is in day care and you meet boyfriend at show. If called into court you would subpoena testimony of daycare.
Answer Applies to: Alabama
Law Office of Cassandra Savoy | Cassandra Savoy
It is not unheard of for CPS to require a parent to choose his/her child and the child's safety over a relationship with another party. The court will likely be disinclined to believe that you can see the boyfriend and the child not ever be in his presence. Therefore, if you continue with the boyfriend, you could losse custody. The courts have ruled that CPS does not have to wait for the child to be hurt before it acts. In your case, the child has already been hurt making the decision an easier one for the court.
Answer Applies to: New Jersey
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
The judge cannot tell you that you cannot see or be around your boyfriend. What the judge can do is say that you cannot have your daughter around your boyfriend. If you do not comply with such an order, the judge could change custody or take other action to ensure that your boyfriend has no contact with your daughter. This would be a good time to evaluate the total situation and especially what happened to your daughter while in the care of your boyfriend. It sounds like, if this progresses, you will be placed in the situation of making a choice between your daughter or your boyfriend.
Answer Applies to: Michigan
Patrick McCarthy | Patrick McCarthy
To whom it may concern: In the context of these proceedings, it would be more likely that the Judge might issue an order ensuring that you (and/or both parents) do not allow any contact with your boyfriend. So, this may indirectly result in you and your boyfriend not being permitted contact if your daughter is with you. I would request further information from you and would want to provide you with a consultation to make sure you know and exercise your rights properly.
Answer Applies to: Michigan