My Ex Called DCFS on Me; What Should I Do?

There’s nothing quite as stressful as receiving a call from the Utah Division of Child and Family Services (DCFS, sometimes called Child Protective Services or CPS), and hearing someone made an allegation of child abuse or child neglect against you.

Your heart palpitates so much you can feel the pulsating in your ears.

You start to sweat.

Your mind races, thinking about who could have made these allegations.

Hint: the allegations almost always come from your ex.

So, what should you do when you get that call from DCFS?

Your first reaction will be to talk to them because you haven’t done anything wrong.

That’s probably the wrong approach, and here’s why:

  1. A substantiated DCFS investigation can have very serious consequences for you and your kids.

Don’t take DCFS investigations lightly. A substantiated DCFS case can result in your kids being taken away, state supervision or your parent-time, and a whole bunch of other stuff you don’t want. Also, even if the state doesn’t take much action against you, your ex could use a substantiated DCFS case against you in court — that happens all the time.

Even something as simple as not accepting a safety plan from DCFS can be used against you later on.

  1. A DCFS investigation can lead to criminal charges.

If DCFS substantiates abuse or neglect allegations against you, the investigation will often be forwarded to police for criminal charges. In fact, often, the police will use DCFS to investigate charges of sexual or physical abuse before it will investigate anything, just to see if there’s something there.

Because of this, talking to DCFS is like talking to a cop. And the #1 rule about talking to a cop is: don’t talk to a cop without an attorney.

That #1 rule applies to DCFS as well. It’s best to have an attorney with you to help you through a DCFS investigation.

  1. DCFS investigators are often inexperienced and not well trained.

There’s high turnover in DCFS investigators, so often they’re inexperienced. This doesn’t take away from the job they’re doing (keeping kids safe), which is admirable. But, it does mean you have to be careful that you don’t get an overzealous, inexperienced investigator who will make things unnecessarily hard on you and your kids.

  1. If you say something wrong, even if it’s innocuous, it can be taken the wrong way and result in a substantiated finding of abuse or neglect.

Maybe you’ve been accused of hitting your kid in the face. In response, you say, “No, I’ve never done that. I mean, I’ve spanked him before when he hits his sister, but I’ve never hit him in the face.”

Or, you’ve been accused of leaving your kids alone for hours, and you say, “Look, I leave them home alone while I go to the store sometimes, but it’s maybe fifteen minutes, not a long time.”

And with that, you’ve admitted something that, while pretty innocuous (who doesn’t leave their kids alone sometimes?), could land you in hot water with DCFS.

Once DCFS gets something, anything, their investigation can go anywhere it wants.

Conclusion

DCFS investigations can have serious consequences for you and your family. Don’t take these investigations lightly. If you can, have an attorney help you get through the investigation successfully.

Call Brown Family Law

If you find yourself facing a Utah divorce, please call 801.685.9999 for an in-person consultation, or use our online scheduling tool.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 930 reviews
I absolutely believe that Brown Family Law is the best divorce attorney law firm in Utah. Attorney Ray Hingson did a fantastic job for me in a complicated divorce. He was there to guide me through the entire process. Ray touched base with me every week AND every time I called with worries or concerns. He handled things confidently and professionally. He took time to meet with me and explain everything so I could understand it. I felt like he really cared and wanted to do his best for me. His paralegal, Carren Leavitt, was also extremely helpful. All I had to do was pick up the phone and call her and she arranged a time for Ray to call me right back. She was always prompt and caring. I couldn't be happier!
Anne and Josh are Fantastic!!
I couldn’t have done it without Nathaniel Garrabrandt and the Brown Family Law truly the best experience and people to work with thank you!!
Brown Family Law is likely the most outstanding Family Law office in Utah. They care deeply about each client, responds quickly to every client question and concerns. If anyone is in a situation of divorce and/or child custody, I highly recommend this office to assist you with your rights. They stand firmly behind their clients.
Response from the owner:Thank you, Craig.
I can’t say enough good things about Clay Randle and Katrina Redd. They were both incredibly professional, responsive, and knowledgeable throughout my case. Their experience and advice were invaluable, and I truly appreciated their support every step of the way.
Daniel was patient, efficient, professional, and kind. Brown Family Law was easy to work with and very competent. Highly recommend.
Muchas gracias, professionales. Me ayudaron con mi caso, gracias.
Leilani Whitmer was my attorney for mediation day at the provo 4th district court on May 9th and absolutely knocked it out of the park. She made the process so smooth and easy I'd recommend her for any family law issue you could possibly fathom.
Clay Randle is absolutely amazing, well educated, knowledgeable lawyer. He’s approached, always makes sure you’re on the top of the situation and very helpful. I’ve had a pleasure working with him and I recommend him as your top notch attorney.
Brown Family Law has been wonderful to work with! Extremely knowledgeable and professional. Clay went the extra effort in everything he did for us. Couldn’t be more pleased!! I highly recommend their services.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories