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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86711
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Months ago my sister who lives in NY accused me of sexually

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Months ago my sister who lives in NY accused me of sexually abusing my daughters in CA where they and I live. There is no abuse however, after two calls to CPS and 3 months of investigative interviews, the only thing confirmed was that I had sexual contact with my sister when I was 11 years old (I'm now 53) and based on that information, CPS wants me to sign a 6 month family plan where I would be required to meet with a therapist regularly, have my daughters, wife and I visit with a caseworker 2x monthly for 6 months and submit to random drug testing because 1) the incident with my sister and 2) An Attempted sexual abuse with me when I was 8 years old by a neighbor, 3) My parents divorce etc. Am I required to go along with this or can I object. I feel like the only way to put an end to this madness is to go along with it however, I'm concerned it won't end there... my sister whom I haven't seen in years is no willing to move on with her life.
Submitted: 10 months ago.
Category: Family Law
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

Am I required to go along with this or can I object.

You can object. Understand that CPS does not hold any decision power over custody, etc. The only power they have is to investigate (and even that is limited) and/or to stand for the child before the Court in a custody matter. So technically, they have the ability to file in court to ask the Judge to modify, temporarily restrict, or terminate custody based on allegations of abuse/neglect by a parent.

Now the court does not have to agree. But, because CPS often has the Court's ear, many times the Court does agree... but not always.

If a parent does not agree to their "family plan," CPS can attempt to file in Court to have your custody to your minor children possibly temporarily restricted on accusations that you yourself may be a danger to them. Will the Court agree? Likely not. However, it is never good to get to that stage, as it tugs at financial expenses.

CPS uses manipulation, threats, lies, and deceit to get their way. So they are likely telling you that the sky is falling if you do not sign. Not true. However, if they end up filing, it will be a headache to clear this all up. What someone in your situation may wish to do is to retain counsel, who will meet with CPS and tell them that you will not be bullied and unless they feel they have a case, they should walk away before they are sued for defamation, intentional infliction of emotional distress, gross negligence, etc.

May I recommend the CA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. I know you may not want to, but it may very well be one of the best investments you can make. This may help nip this in the bud, as without counsel, CPS may feel free to continue to harass and intimidate you.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 10 months ago.

Thank you for your response. My concern is an ongoing fishing expedition to find something that will create an issue later. In your experience, do you think hiring an attorney to deal with them would be seen as "adversarial" frustrating matters worse?

Expert:  Ely replied 10 months ago.
K,

Thank you for your response.

You are welcome.

My concern is an ongoing fishing expedition to find something that will create an issue later. In your experience, do you think hiring an attorney to deal with them would be seen as "adversarial" frustrating matters worse?

Actually, quite the opposite. CPS is used to threatening/bullying someone into submission without really having any justification to back it up. With an attorney, the individual quickly gains a powerful advantage in that they can have their attorney state "you know that is false, you know it will not happen like this, please do not make false accusations, etc..."

So quite the opposite. Many times, CPS drops the case if the individual retains counsel and CPS knows the case is weak to begin with.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86711
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 10 other Family Law Specialists are ready to help you
Customer: replied 10 months ago.


Thanks again! I'll check into that. Much appreciated!

Expert:  Ely replied 10 months ago.
My pleasure and good luck!

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