Q: How can i fight false allegations from cps

Cps has made several allegations, they only have endangering my kids, which i habe proof that it was not the case, they also acused.me of doing drugs, which i have a prescription for the drug that showed up in the result. "Their allegation is that I was a drug and not a prescription. Now that I have e,plained my situation a little more, i am being thretened, by denying me the help that is needed yo see my children. I was told that if i did not plead to what i was being avused of. I was going to be left alone, and will appear as a non complient, I cannot plea guilty to false allegations due to lack of effort in their work.

2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Any time CPS initiates an investigation of you or your spouse, I strongly recommend you and your spouse retaining separate attorneys to represent each of you.

When choosing as attorney, you need to focus on family law attorneys in or near your county with prior recent experience handling CPS cases.

Expect to pay such attorneys more than you would for a divorce. CPS is understaffed and overworked, so they only get involved in the most serious cases where there is a real risk of you losing possession and custody of your children.

Carmen Rosita Rojo agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you believe that the allegations made by CPS are false, you have the right to fight them. Here are some steps that you can take:

Document everything: Keep a detailed record of all interactions with CPS, including the date, time, and nature of each conversation. Take notes of what was discussed and any instructions given. If possible, record phone conversations.

Get legal help: Consider hiring a lawyer who specializes in family law or CPS cases. They can advise you on your rights and help you navigate the process. If you cannot afford a lawyer, look for legal aid organizations in your area that offer free or low-cost legal services.

Cooperate with CPS: Even if you believe the allegations are false, it is important to cooperate with CPS. Answer their questions truthfully and provide any information or documents they request. If you are accused of drug use, provide proof of your prescription.

Request a hearing: If CPS decides to take legal action against you, you have the right to a hearing. Request a hearing and present evidence that supports your case. This can include medical records, witness statements, and other documents.

Appeal the decision: If CPS makes a decision that you disagree with, you can appeal it. Follow the appeals process outlined by CPS and provide any additional evidence that supports your case.

Remember, CPS's primary goal is to ensure the safety and well-being of children. If you can show that you are a responsible and caring parent, you may be able to overcome false allegations.

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