Waco, TX asked in Child Custody and Family Law for Texas

Q: Should we call CPS on ourselves after being sued for custody?

My husband and I have a 5 mo old baby. For a few reasons he has spent a significant amount of time with my parents. We are the guardians of my special needs brother-in-law and he developed some aggression and we needed to work with doctors to fix (which we have and it's no longer an issue thanks to medication) and then we spent about a month slowly increasing the amount of time he spent at home at my parents suggestion. About the time we had returned to some kind of normal we had to quarantine for COVID for three weeks. We had to wait for test results. Other than those three weeks where we did not see him for his safety we have been a constant presence. My parents had us served with a temporary restraining order and suit for custody and our hearing is Tuesday. Our doctor has stated that my brother in law is not a danger (as their alleging) and that my children (I have 2 stepsons) are not neglected. It's been suggested we call cps ourselves,have them open a case and investigat

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1 Lawyer Answer
Rick  Davis
Rick Davis
Answered
  • Divorce Lawyer
  • Bryan, TX
  • Licensed in Texas

A: A person has a statutory obligation to call CPS and make a report if he or she has reason to believe that a child has been abused. From what you describe, you are asking if you should call because your child has not been abused. In such a case, you do not have an obligation to report, and you would probably be wasting your time and theirs doing so. You should contact a lawyer immediately and have him or her file a Motion to Dissolve Temporary Restraining Order.

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