By Melissa Zillhardt, Esquire
When child welfare agencies get involved in a custody dispute, it can feel intimidating for parents. These investigations have the potential to impact your custody case, and they can feel like a personal attack on your parenting. At Petrelli Previtera, LLC, we’ve seen it all—from false allegations to legitimate concerns—and we know how to navigate the process to protect your rights and your child’s best interests.
As an attorney who has represented caseworkers and handled numerous dependency cases, Petrelli Previtera attorney Melissa Zillhardt has consistently witnessed how courts view child welfare involvement in custody disputes. Whether you’re considering involving caseworkers or are facing an investigation yourself, understanding the court’s perspective and knowing the appropriate steps can give you peace of mind and a clear path forward, helping you make informed decisions that protect your family’s future.
Key Takeaways
Navigating Custody Cases with Child Welfare Agencies: What Parents Need to Know
When a child welfare agency, such as Children and Youth Services (CYS), becomes involved in a custody dispute, it is typically due to allegations of abuse or neglect. However, the involvement of caseworkers is not always as dramatic as it may seem on the surface. Here’s what you need to know about how these agencies interact with family law courts and how you can best protect your interests.
When and How to Involve Caseworkers in Custody Disputes
Parents may be tempted to call child protective services during a heated custody dispute, but doing so without solid grounds can have unintended consequences. Courts are very familiar with this tactic and often view it negatively if it’s clear that the report was made as a strategy to gain leverage rather than out of genuine concern for the child’s welfare. However, it should be noted that who made a report should always remain confidential and CYS will not disclose any referral sources.
As an attorney who has represented caseworkers and handled numerous dependency cases, I’ve witnessed how courts view child welfare involvement in custody disputes. Whether you’re considering involving caseworkers or are facing an investigation yourself, understanding the court’s perspective and what steps you should take is key to ensuring the best possible outcome for your family.
What Should You Do if Caseworkers Are Involved in Your Case?
If you find yourself under investigation by child protective services due to a custody dispute, it’s important to handle the situation calmly and cooperatively. While the initial visit from a caseworker can be stressful, there are steps you can take to protect yourself and ensure the process goes as smoothly as possible:
Stay Calm:
It’s natural to feel defensive if you’ve been falsely accused, but keeping your emotions in check is vital. “You want to present yourself as a stable, responsible parent,” I advise. “Getting defensive or confrontational only works against you.” Stay focused on your child’s well-being and cooperate calmly.
Document Everything:
If you are contacted by a child welfare agency, keep a detailed record of all interactions with the agency and any paperwork they provide you. This can serve as evidence if the case reaches court, where you will need to show that the report was unfounded.
Be Honest About Evidence:
It’s important to understand that courts require more than just allegations; they need concrete evidence. As I tell my clients, “You may know something is true, but unless we have evidence to back it up, it won’t hold weight in court.” This mindset helps clients stay grounded and focused on gathering the right proof, whether it’s testimony from witnesses, documentation, or other forms of evidence.
What Can You Expect From Caseworkers?
As someone who has worked closely with caseworkers, I can tell you that their involvement in a custody dispute is typically limited to what they can substantiate through their investigation. If no signs of abuse or neglect are found, their testimony will likely reflect that. Courts rely on concrete evidence, and caseworkers will only testify to what they have observed or verified.
Additionally, it’s important to understand that caseworkers are not meant to act as arbitrators between parents in custody disputes. Their job is to assess the child’s safety, not to weigh in on disagreements between parents. This is why courts often disregard claims that are rooted in personal grievances rather than real concern for the child.
Key Takeaways for Parents
- Avoid using child welfare reports as leverage: Only report legitimate concerns for your child’s safety.
- Focus on evidence: Courts need proof, not just allegations. Be prepared to provide documentation or witness testimony if needed.
Get the Legal Support You Need
Child welfare involvement in custody disputes can be a stressful and complex process, but you don’t have to navigate it alone. At Petrelli Previtera, LLC, we have the experience to guide you through every step, from handling caseworker investigations to protecting your rights in court. Contact us today to get your legal questions answered and receive the guidance you need to move forward confidently with your family law case.
Melissa Zillhardt, Esquire, is a Philadelphia Divorce Attorney at Petrelli Previtera, LLC. She focuses her practice on family law, and supports her clients through divorce, custody, and support matters. With years of experience representing clients, Melissa brings a unique perspective to family law cases and is committed to helping clients navigate complex family law situations with confidence.