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I had a child abuse case and i was found not guilty. Now child

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protective services wants to have...
I had a child abuse case and i was found not guilty. Now child protective services wants to have a meeting with over the same case. What happens if i don't talk to them?
Submitted: 4 years ago.Category: Family Law
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5/15/2013
Family Lawyer: socrateaser, Lawyer replied 4 years ago
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39,498
Experience: Retired
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Hello,

If you have minor children, then your failure to cooperate may cause CPS to decide to take the children into custody and ask the juvenile court to restrict your custody/visitation/parental rights -- or, place the children in foster case or under the care of someone else.

Whether or not this would actually occur is unknown.

A not guilty verdict in a criminal case means that the prosecution did not prove its case beyond all reasonable doubt. A juvenile and/or civil court action has a much lower burden of proof, so it's possible to be not guilty in criminal court, and liable in juvenile or civil court.

In my opinion, you may want to consider allowing the meeting, but not saying anything. And, if things get too adversarial, you can simply state that "I respectfully XXXXX XXXXX answer the question, and this meeting is concluded."

Please let me know if my answer is helpful to you. The website has been experiencing system failures lately -- consequently many customers are not receiving my answers.

Thanks again.

socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39,498
Experience: Retired
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Customer reply replied 4 years ago
I have a custody case in court rite now. Are these two issues related?
Family Lawyer: socrateaser, Lawyer replied 4 years ago
Not necessarily. The other parent could attempt to relate the two, by claiming that even though you were not found guilty of child abuse, you are still a danger to the child(ren), because CPS is continuing to pursue you.

Given this additional information, I would probably decline any further meetings, and use the excuse that until your current custody matters are resolved, that you don't believe it's in your best interests to provide any opportunity for the other parent to use any findings by CPS against you.

However, the choice is yours. I could see how a favorable CPS outcome could benefit you in a custody action. Unfortunately, CPS is usually trying to find parental abuse, not trying to vindicate the parent under investigation. So, the odds of an unfavorable outcome exceeds the odds of a favorable outcome -- generally speaking.

Hope this helps.
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Customer reply replied 4 years ago
I can i tell them that when they come visit the first time?
Family Lawyer: socrateaser, Lawyer replied 4 years ago
You can, but it may be preferable to call them and tell them that you've changed your mind and that you won't entertain any further interviews at this time.
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Customer reply replied 4 years ago
Is it not better to send them a letter so i have proof that i'm coorperating?
Family Lawyer: socrateaser, Lawyer replied 4 years ago
I can see pluses and minuses, either way. By declining further interviews, CPS will claim you're not cooperating, so the letter may end up proving the opposite of what you may be trying to show.

You'll have to make this decision for yourself. It's too close to call.
socrateaser
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Category: Family Law
Satisfied Customers: 39,498
Experience: Retired
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