Q: An ex of my husbands made a false CPS claim
When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report
If you believe a false CPS (Child Protective Services) claim was made against you, there are steps you can take to address the situation. First, cooperate fully with the CPS investigation. It's important to demonstrate your willingness to ensure the safety and well-being of your children, which is the primary concern of CPS.
You can also document your interactions with CPS and gather any evidence that supports your position that the claim is false. This might include witness statements, records, or other relevant information.
After the investigation, if you feel that the claim was maliciously false, you can consider legal action against the person who made the report. In South Carolina, making a false report to CPS can be considered a criminal offense and may also open the door to a civil lawsuit for defamation.
However, keep in mind that CPS reports are confidential and there are legal protections for reporters to encourage the reporting of potential child abuse or neglect. Legal action based on a false report can be complex and challenging.
Consulting with an attorney can provide you with specific advice on how to proceed. An attorney can help you understand your rights, the legal implications of the CPS report, and the potential for taking action against the person who filed the report.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.