Know your rights β in plain language. You have more power than you may realize.
Custody Rights
You have the right to seek legal custody (decision-making) and physical custody (where the child lives). Courts decide based on the best interest of the child. You can request a custody evaluation.
Right to Due Process
You have the right to be notified of all court hearings and to respond to any petition filed against you. No order should be entered without you having the chance to be heard.
Rights During CPS Investigation
You have the right to know why CPS is investigating, to have an attorney present during interviews, and to refuse entry without a court order β unless there is an emergency.
Your Child's Education Rights
Your child has the right to a free public education regardless of custody status. You have the right to attend school meetings and access records, unless a court order says otherwise.
Right to Modify Orders
If circumstances change significantly, you can petition the court to modify a custody or support order. You do not need to wait until the original order expires.
Right to Legal Representation
You have the right to an attorney. If you cannot afford one, contact your local legal aid organization. Some family court hearings may qualify for court-appointed counsel.