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Child Welfare

What If My Ex Calls CPS on Me?

By October 13, 2025No Comments9 min read

How to Respond When a Co-Parent Triggers a Child Protective Services Investigation in California

You’re in the middle of a custody dispute—or maybe things have been tense for a while—and suddenly, you get a knock on the door or a call from Child Protective Services (CPS), known in California as Child Welfare Services (CWS). Your ex has filed a report against you, alleging abuse, neglect, or endangerment. You’re stunned. Angry. Scared. And possibly unsure of what this means for your custody rights or your relationship with your child.

False or retaliatory reports to CPS are, unfortunately, not uncommon in high-conflict custody cases. But they’re serious, and how you respond in the first 24–72 hours can make all the difference.

This guide will walk you through exactly what to do—and not do—when your ex contacts CWS in California. It covers your rights, legal strategy, and how to protect yourself and your child during and after an investigation.

First, Know This: CPS Is Legally Required to Investigate

When your ex files a report, even if it’s completely false or exaggerated, CWS is required by law to investigate any referral that meets the criteria for abuse or neglect. That means you may receive:

  • A phone call or home visit

  • An interview request (with you and your child)

  • A home inspection

  • Requests for school or medical records

  • A conversation with the other parent

Even if the accusation is absurd or clearly retaliatory, do not ignore it. Failing to respond or shutting down communication can make you appear evasive or uncooperative, which can hurt you in both CWS findings and family court proceedings.

Why Would an Ex Call CPS?

There are many reasons a co-parent may contact CPS, and not all of them are malicious. Some believe (rightly or wrongly) that something is unsafe in your home. Others are misinformed or manipulated by the child. But in high-conflict cases, some parents do weaponize CPS as a tactic to:

  • Gain full custody

  • Delay family court proceedings

  • Damage your reputation

  • Retaliate for a disagreement

  • Exhaust you financially or emotionally

Regardless of motive, it’s your response that matters most from this point forward.

Step 1: Stay Calm and Don’t Retaliate

Your first instinct may be to call or text your ex in anger. Don’t.

Anything you say or do in response can—and often will—be used against you. If you lash out or appear threatening, even if you’re just venting, your reaction may be viewed by CWS or the court as concerning behavior.

Instead:

  • Do not contact your ex about the report.

  • Do not discuss the report with your child.

  • Do not post about it on social media.

  • Do not try to “clear things up” with CWS without legal advice.

Remain calm and focused. You’re in a legal situation now, and emotional missteps can have consequences.

Step 2: Contact a Family Law Attorney

You need a lawyer—preferably one who has experience with both family law and juvenile dependency cases. An experienced attorney can:

  • Advise you on what to say (and what not to say)

  • Attend interviews or hearings with you

  • Review your custody orders and help protect your rights

  • Strategically position your case if CWS escalates to juvenile court

If the report leads to a WIC §300 dependency petition, the court can take custody away from family court—and from you. A lawyer can help prevent that by ensuring you respond appropriately from the start.

Step 3: Cooperate—but Protect Yourself

CWS caseworkers are trained investigators, and they document everything. That’s why it’s essential to:

  • Be courteous and professional: Greet them respectfully, provide ID, and follow instructions without being defensive.

  • Allow access (with limits): You may legally refuse entry unless they have a warrant or believe the child is in immediate danger. However, full refusal can escalate the situation. Offer to schedule a meeting or supervised home visit instead.

  • Provide basic documentation: Be prepared with school records, medical history, or proof of co-parenting arrangements.

  • Avoid oversharing: Answer questions honestly and concisely. Don’t volunteer details about your ex, your past, or unrelated issues.

If you feel uncertain about a question or demand, it’s okay to say, “I’d like to consult my attorney before answering.”

Step 4: Document Everything

Start a written log immediately. Note:

  • Date and time of CWS contact

  • Name and title of the caseworker

  • Summary of what was said or requested

  • Your responses or actions

  • Any contact from your ex about the situation

Save all texts, emails, voicemails, or social media messages that may reveal your ex’s motives. For example, if they’ve threatened to “take you down” or “make sure you never see the kids again,” that evidence could be critical.

Also, begin keeping a daily parenting log of what you do with and for your child—meals, activities, school drop-offs, doctor visits, etc. These records help show consistency and involvement.

Step 5: Understand the Investigation Timeline

Most CWS investigations in California last between 30–60 days. During this time, the caseworker will likely:

  • Interview your child (at home or school)

  • Speak to you, the other parent, and possibly relatives or professionals

  • Visit your home (sometimes unannounced)

  • Review collateral documents (medical, educational, etc.)

  • Make a recommendation: unfounded, inconclusive, or substantiated

If the claim is unfounded, the case closes and no further action is taken. If it’s substantiated, the case may proceed to juvenile dependency court, where a judge—not CWS—will make decisions about custody and placement.

Even if the finding is inconclusive, it may still be brought up in family court, mediation, or a custody evaluation. That’s why clearing your name and documenting your parenting behavior is crucial.

Step 6: Defend Yourself Strategically

Don’t assume the truth will speak for itself. Work with your lawyer to:

  • Submit a written statement addressing the allegations

  • Request a copy of the investigative report under California law

  • File a grievance or administrative appeal if the findings are inaccurate

  • Highlight past false reports if this is a pattern

  • File for legal custody modification if your ex is abusing the reporting process

If your ex has made multiple unsubstantiated reports, you can also ask the court to sanction them or require that any future claims go through a neutral third party, such as a parenting coordinator or mediator.

What Happens in Family Court?

Even if a juvenile case isn’t opened, CWS reports can influence custody decisions. The family court judge may view even an inconclusive finding as a reason to:

  • Limit your parenting time

  • Order supervised visitation

  • Require a 730 evaluation

  • Postpone final orders

  • Favor the other parent in physical custody

To counter this, you need to present:

  • Evidence of the falsehood or exaggeration

  • Documentation of your daily parenting

  • Positive reports from teachers, counselors, or physicians

  • Proof of a stable home and routine

  • Testimony from neutral third parties

You may also request that the judge consider the other parent’s conduct as a sign of interference or alienation.

Can You Press Charges for a False Report?

In California, filing a false report to CPS is a crime under Penal Code §11172(a), but criminal charges are rare and hard to prove. You must show:

  • The report was knowingly false

  • The reporter had malicious intent

  • You suffered harm or damages

Even if charges aren’t filed, you may still have recourse in family court to pursue attorney’s fees, custody changes, or a finding of bad faith under Family Code §3027.1.

How to Protect Your Custody Long-Term

If your ex has used CPS as a weapon, you need a plan to protect your custody rights going forward:

  • Request court-monitored communication (such as OurFamilyWizard or TalkingParents)

  • Ask for a no-harassment clause in your custody order

  • Seek sole legal custody if the other parent is endangering the child’s stability

  • Have your attorney submit a motion requesting the court limit the ability to file future reports without evidence

  • Be proactive about parenting classes, co-parenting therapy, or family counseling

Judges want to see calm, stable, child-focused parenting. Demonstrate that—and document it—and you’ll build long-term credibility.

Final Thoughts

If your ex has called CPS on you, you are not alone—and you are not powerless. These investigations are serious, but they don’t have to result in custody loss. The key is to respond strategically, not emotionally.

At Minella Law Group, we help parents in San Diego navigate false reports, defend their rights, and protect their children’s well-being during high-conflict custody disputes. We understand how devastating these situations are—and how to fight back legally and effectively.

You Don’t Have to Face This Alone

If your co-parent has weaponized CWS, don’t wait to get help. The sooner you act, the better your chances of protecting your child and restoring your reputation.

📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and create a clear strategy tailored to your goals.

📝 Prefer email? Fill out our online contact form and a member of our legal team will get in touch with you promptly.


Your parenting relationship matters. Let us help you defend it.

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