Houston, TX asked in Family Law for Texas

Q: My husbands sister has continued to call Cps with false allegations of drug abuse on us and abuse of the children .

She has borderline personality disorder, bipolar disorder, and hyper religiosity . She herself mistreats her own child . She called CPS stating that my husband smokes cigarettes around the kids and that we were “drunk/drug addict parents “. She even told Cps that my husband was on heroin(her late father was on heroin for decades and died sober ). Cps ordered my husband to do a multiple drug test and he passed with flying colors however they will not allow the kids to be alone with him, I have to be present at all times which makes it impossible for me to work. Cps also indicated due to her persistent harassment and using them for abuse of us she is not permitted to have contact with us so she was barred from our son’s birthday party yesterday. She began lashing out to their other sister stating “I have a problem with them being drug addict/ drunk parents “. She has no money and is destitute but I am considering a cease and desist letter and slander. Would this work? What can I do?

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

A: If your husband passed the drug tests, you can ask that the restriction on your husband being left alone with your kids be removed. Assuming there are no other reasons CPS is investigating your kids, you should request and receive a letter from CPS indicating that its investigation is closed finding no abuse or neglect of your kids.

While CPS legally is required to investigate all reports of abuse or neglect, when CPS has conducted an investigation like this and your husband has passed multiple drug tests, it most likely will discredit future similar reports from your sister-in-law. While an investigator might come out and speak to you each time she makes a report, barring substantial evidence corroborating her claims, CPS most likely will quickly close any future claims because they have thoroughly investigated this one and determined that there was no abuse or neglect.

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