Royal Oak, MI asked in Criminal Law, Family Law, Child Custody and Identity Theft for Michigan

Q: How can I get my name cleared after someone used my identity to make a false CPS report against my grandsons father?

It came to my attention by way of my daughters FOC case that I was being accused of making a false CPS report against my grandsons father. After doing a FOIA request to find out what this was I received the police reports along with 7 pages of a CPS LEN, all unredacted, and my name is listed as the reporting source. I have made a police report but they are telling me that there is no way possible to obtain the audio or the number that actually placed the call so there is nothing that can be done. This is a crime and it is not ok. The allegation was attempted murder, a big deal. The court is now openly using this against my daughter in the FOC matter of parenting as she and my grandson live with me.

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: I'm unsure what you are asking. If your concern is that a call you made was reported inaccurately, that's one thing. If you're saying you never made a call, then that's a whole other thing.

The information you received through FOIA are reports, which are always subject to some interpretation. Unfortunately, there's probably not much you can do to change what is reported. It's unlikely a recording of the call would still be available. I suppose you could challenge what they say you reported through your daughter's case, but that's a matter of credibility at this point.

Sometimes what happens with reports is that police / CPS have their own way of labeling allegations, that roughly correspond with a potential criminal charge. As an example, an allegation of "he shot into the room where my daughter was" could certainly be labeled "attempted murder", even if you didn't actually say "I think he's trying to murder my daughter".

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