Allen, TX asked in Criminal Law, Family Law and Child Custody for Texas

Q: Can cps threaten my wife not to talk to me and keep my kids away from me?

I'm being accused of assault against my teen stepdaughter. cps has gotten involved and has threatened my ex and my wife about not letting me see or speak to my kids. My ex and I have gotten a judge to approve me having contact with and seeing my teenage son. But my wife wasn't aware of the hearing so the judge did not grant me access to my two younger kids. There are sexual abuse allegations involving my 16-year-old stepdaughter. CPS tried to control my ex but once the judge approved access to my son they haven't called my ex. My wife on the other hand was advised to cut ties with my family, and not to talk to me. But she wasn't aware that I was given access to my teen son. I've been told that CPS has been threatening her not to have contact with me, She does not have an attorney and she's fearful of authority. I refute the claims against me, I've never been in trouble a day in my life. My life has been flipped upside down. It's been months since I've seen my kids and wife.

2 Lawyer Answers
Penny Wymyczak-White
Penny Wymyczak-White
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Sexual abuse is a very serious allegation. Cps will place your kids in foster care if you wife does not comply. Retain a lawyer to refute the false allegations. You may want to take a private pologragh

John Michael Frick
John Michael Frick
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: Your situation with CPS is complicated. It would be foolish for you not to have a family lawyer experienced with CPS cases representing you.

Similarly, your wife needs her own lawyer to represent her. Your description suggests that CPS is also considering a “failure to protect” allegation against her. It is highly likely in my opinion that she was told CPS would not remove your stepdaughter from her custody only if she severed all contact with you.

Your custody arrangement with your teenage son and ex has very little relevance to the CPS case against you for sexual abuse of your 16-year old stepdaughter. Just because you have regular visitation with your teenage son does not mean you get to see your 16-year old stepdaughter.

You absolutely need an attorney to help you get to the bottom of the sexual abuse allegations. A normal 16-year old is old enough to be questioned under oath by an experienced family law attorney.

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