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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I just had CPS set up an interview with us tomorrow because

Customer Question

I just had CPS set up an interview with us tomorrow because my 9 year old daughter told her teacher we occaisionally spanked her. There are no marks or bruises or physical evidence at all. We have never abused our children, our doctor can attest to that and we are married and living together and never had any physical violence in our home. Are we in danger of losing our children? Can CPS interview our child without us or legal counsel as they already snuck into the school to do so?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
I am sorry to hear about this situation. Understand that there is no right to speak to the child unless the parents agree to it. If you do, you can dictate terms of the interview, which can include stopping the interview at any times, CPS not asking questions of the child at all, or you sitting on when they ask questions, and/or objecting to any questions and instructing your child not to answer, or simply terminating the interview right now. It is completely up to you. Understand that CPS has no "power" per se. They cannot force an interview, and they certainly cannot simply take your child away from you without a a court order. However, they have a mandate from the state to stand in front of the Court for any child that they feel is being abused/neglected. This means that if they feel that the child is neglected/in danger, CPS may decide to take the matter to court and ask to have the court agree that your parental rights should be suspended (or even terminated in serious scenarios) until you show to the court that you are an able parent. Now, while CPS has the "ear of the court," this does not mean that the court always agrees with CPS and if you challenge their claim, it may be denied. But this is a risk. If CPS sees an issue (such as alleged physical abuse), they will normally request that you do some parental classes and/or actions (such as anger management), and if not, then they can approach the court and the court may agree that if you do not, you'd risk your parental rights being suspended. If you feel that the requirement by CPS is unreasonable, then you can refuse. If they then go to Court (as explained above), then you'd have to show that your decision is in line with "best interests of the child." Or, you can simply refuse the interview all together. If so, it is up to CPS whether or not to pursue this in court. CPS often uses misleading, cajoling, and threatening tactics, so be careful. An attorney is recommended if one decides to meet with them, because the attorney can quickly cut their attempts to intimidate the parent down.
Expert:  Ely replied 1 year ago.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) 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 with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!