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This can get a little dicey. While CPS investigations are not criminal prosecutions, they can turn into them. The investigation itself is not the issue. What you need to be aware of is whether during the investigation a court order was obtained to prevent you from removing the children from the jurisdiction. If there was and you did, you have a problem. Likewise, if you have charges filed against you, and you move to another state with the children, you could be facing additional charges of Fleeing and Eluding, Fleeing Prosecution, and potentially Kidnapping (which makes it a federal case and then you might be facing Avoiding Prosecution charges).

Your best bet is to contact a very competant Family Law Attorney in the state you left, and hire him to make certain the CPS investigation is cleared.

Keep in mind, that the case is not cleared until you have in your hot little hand paperwork that says the case is cleared. Take no one's word for anything related to potential criminal charges or the security of your children.

It might be important and prudent to note too that if the investigation was motivated by very real danger to your children, your best bet is to go back and face the music. If the first state or the FBI is forced to hunt you down, you will not be helping your case, and moving will not be a solution to the original problem. Fix what is broken, and running is not a way to fix it.

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11y ago

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