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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
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Experience:  Family Law Attorney
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My fiance has been falsely accuse of sexually abusing my 2

Customer Question

My fiance has been falsely accuse of sexually abusing my 2 year old son! we have cooperated wtih cps and have finished all of their service plans for us both. I have proof that cps and the detective that worked our case has both lied on their paperwork for the investigation! Cps staffed my case today and stated they will not close my cae due to the fact I plan on getting back together with my ex! This is all false and I have the documentation to prove it! some of the documents I Cannot get they state my attorney would have to request it. What should we do about these false allegations, false fabrication and etc.
Submitted: 4 years ago.
Category: Family Law
Expert:  LADY LAWYER replied 4 years ago.

Hello,


Thanks for choosing Justanswer.com! I look forward to helping you today.

 

You can do two things: 1) you can get back with your ex and see if they take any more action against you and then you can sue, or 2) you can file a preemptive lawsuit alleging malicious misconduct and have your attorney subpoena all the records they will not let you have so that you can prove your case.



Edited by LADY LAWYER on 10/1/2010 at 2:57 AM EST
Customer: replied 4 years ago.
Ok!! well I took my son to the dr due to he had a bruise on his penis and I found a bug in his diaper which when I took him to the dr he had a bug bite on his hand which was infected. So I thought it was from that and I took him to Children's medical center where a dr came in stated that either sexual or physical occured and it was a delayed reaction! then they change their story. So cps was called im guessing by the hospital and when the case worker cam to my home she stated she received a report that my son was sexually molested by my fiance! but nothing has been proven nor has anyone of been arrested or charged with anything. And we have cooperated with them and finished all of their plans. Nothing has been court ordered so what i am wondering is if i move because they made me and my children move from our home with my fiance and I was under supervison for 30 days, but since nothing has been court order will they take my kids away.
Expert:  LADY LAWYER replied 4 years ago.

Hi,

 

I am going to be honest here--CPS seems to do what they want and they are totally out of control and self-governing. However, if they do take your children away, you can apply for judicial relief and go through the court to have them overruled.

Customer: replied 4 years ago.
yes that is true !! and I do have to agree with you but they have violated our rights and I have the proof that cps has lied! and with nothing being court ordered do I have to do anything they say or answer their calls or etc. I mean we have completed all that was asked of them and no I am fed up with them!
Expert:  LADY LAWYER replied 4 years ago.

Hi,

 

It certainly appears they did, but getting judicial relief because they violated your civil rights and judicial relief from them taking custody of your children would be two separate issues. Generally, CPS is immune from any legal action against them but if you can show their behavior was wanton and malicious, then you can overcome this immunity. I sure do wish you the best and would be happy to continue answering any more questions you have at this time. If you do not have any more questions, please don't forget to accept my answer as it is the only way I can receive credit for helping you. You will be charged nothing further for pressing accept. Thanks.



Edited by LADY LAWYER on 10/1/2010 at 3:20 AM EST
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
LADY LAWYER and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you for your advice. I will try and retain an attorney and I am just going to live my life with my children and etc. and only speak to or deal with cps unless it is court ordered.
Expert:  LADY LAWYER replied 4 years ago.
You're very welcome for the information. My best to you and your family and thanks for using Justanswer.com.

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