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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29742
Experience:  29 years as a family law lawyer .
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What are my rights as a parent facing allegations with CPS?

Resolved Question:

I am in the process of a divorce, we have one son. My husband brought about allegations with CPS that I am on drugs and an unfit mother. Now, based on these allegations I am being told that I must take a drug test. I want to know my rights and the consequences if I refuse to take it.
Submitted: 6 years ago.
Category: Family Law
Expert:  RayAnswers replied 6 years ago.
Thanks for your question. If you refuse here they may file for custody of your child. Yo have the right to refuse. They have the right to take the action based on what they know.

This is a moment of truth for you. If you are clean then take the test and maybe keep the kids. Take it and fail and they use it against you here. If they take emergency removal action and custody here then you would recieve notice of a hearing on the merits within 10 days. You do not have a right to a paid attorney. You can choose to attend pro se or hire an attorney here.

You have to decide here whether you can pass. If you can then you should take the test. They can't force you to but if they have other evidence they may take your son. I can certainly sympathize here with your situation and the fact that they are making you prove your innocence here. But in Texas the courts view this as a serious allegation and hey might give CPS custody if you don't take the test here..

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.





RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29742
Experience: 29 years as a family law lawyer .
RayAnswers and 3 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you Ray.
I will not pass. My husband and I both smoked marijuana. I fear that if I take it and fail, I could possibly end up losing my job. I work for a financial institution and have to report anything legal to my employer immediatly or face fines. CPS told my parents that if I refuse, they will force me to take it and they will come to my office to pick me up. If I agree to take it and fail; they said that I would be permitted to go into rehab and submit to further random testing. If I refuse then get a court order to take it; they said then it would be worse with court ordered testing that I don't have any say in when it happens. The additional thing is that in the meantime, my husband has brought up divorce papers that give me full custody of the child. My argument is that if I was a danger to my son, why would he give me full custody. I only smoke marijuana and he has told the courts that I am on all sorts of other drugs. It is just crazy to me that these are all hear say and yet my life is going to be turned upside down.
Expert:  RayAnswers replied 6 years ago.
Thanks for the additional information. I wouldn't advise you to take it then. If you stay straight here even if they make you take it you may be clean by the time they do. I'm not sure that they have the authority to order you to take it here, this may be a bluff..

They may be able to try and take your child if they have other evidence here, but you still have a better chance not taking it. Tell them your lawyer advised against taking it here. You might want to line up a lawyer here, I think that one way or another you are going to need one and this has so many angles especially with your job in here as well.



Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.

Expert:  RayAnswers replied 6 years ago.
Hi I found you more drug testing information. It would give you some idea of the time periods here. The hair folicle test is the worst. It can't go back further..


http://en.wikipedia.org/wiki/Drug_test

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