Q: Is it legal to force my son out due to an investigation without charges or documentation?

A: The detective's verbal directive without formal documentation raises significant due process concerns, as law enforcement typically cannot forcibly remove someone from a residence without proper legal authorization such as a court order, formal charges, or documented safety plan. While Child Protective Services possesses authority to implement safety plans protecting children during investigations, these interventions normally require formal documentation outlining specific concerns and compliance requirements. The absence of written directives, court orders, or formal charges suggests this may be an investigative pressure tactic rather than a legally enforceable mandate.

Understanding the property rights involved remains crucial - as property owners, your son's brother and sister-in-law maintain legal authority to determine who resides in their home, regardless of investigation status. However, law enforcement cannot independently compel this decision without proper legal process. The detective's threat of CPS involvement creates significant pressure but lacks the legal framework normally required for mandatory removal without documented child safety concerns.

We recommend several immediate steps: request written documentation from the detective regarding the specific allegations and legal basis for the removal request; consult with a family law attorney who can evaluate jurisdiction-specific protections; and consider requesting a meeting with CPS supervisors to understand what, if any, formal investigation exists. Many jurisdictions prohibit removing individuals from homes based solely on unsubstantiated allegations without formal protective orders or safety plans, particularly when no charges have been filed or court hearings conducted. Documenting all communications with law enforcement becomes essential for protecting your son's rights while navigating this complex situation.