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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27230
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My childs grandmother called CPS out of spite and told them

Customer Question

My childs grandmother called CPS out of spite and told them that I used drugs & other allegations which were all false except I do smoke marijuana and told my caseworker that and she told me that they would need a hair follicle test and if it came back with marijuana that she would be removed from the home. My child is taken care of and has everything she needs/ wants. I think its a little extreme for them to take a hair test. What are my rights?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. The laws do allow it. If a worker has cause to believe, based on credible evidence, that a parent or someone who has direct access to the child has a substance abuse problem, including the abuse of alcohol or marijuana, and that problem threatens the child's safety, the worker must request a drug test for the client.

A worker may request substance abuse testing:

• when the worker has cause to believe that a client has a substance abuse problem, based on credible evidence from an intake report, an investigation, comments from collateral sources (such as teachers, neighbors, and family doctors), child safety and risk assessments, family assessments, a drug screening, self-admission from the client, or on-going case monitoring;

• when a court orders the testing;

• when a safety plan that relates to substance abuse issues is about to end because it no longer appears necessary;

• to allow or re-assess family reunification, if the parent has an active substance abuse problem;

• to provide motivation for a parent to remain abstinent; or

• to encourage participation in substance abuse treatment or aftercare.

Now, if you refuse, they may deem it a fail and they could still try and remove the child from your care.

Expert:  FamilyAnswer replied 1 year ago.

No a problem. The risk of loss will typically stay with the seller, until closing. As such, if someone broke into the home, the seller/owner has a legal obligation and duty to make the repairs. Now, the repairs and work should be done in the same or similar way, as to how the door was prior to the break-in. After all, the agreed upon price of the home and your decision to buy it, was based upon things like this. For them to replace the door with something inferior and which would cause the VA to deny the loan and/or cause you to come out of pocket, could be viewed as bad faith and allow you to file suit for any damages suffered, if you can not close. Yes, when a home is being sold "as is", you take it in the condition as it is at that time BUT it does not mean that if something happens after you sign and before closing, that the owner can just fix it poorly or replace something that is damaged or stolen with a low level product. Now, if the VA is not going to inspect the home and you can close, you need to decide if you want to fight and go after WF or just buy the home and fix it on your own, assuming you are still getting a good deal since this is a short sale. It does not make what they are doing right and you can certainly argue and fight with them about this but if they refuse, are you willing to fight them in court over this?

Expert:  FamilyAnswer replied 1 year ago.

I site error populated that other answer so please disregard it.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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