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Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 5212
Experience:  Licensed to practice before state and federal court
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The noncustodial parent's mother keeps calling CPS and

Customer Question

The noncustodial parent's mother keeps calling CPS and having other people call CPS for her to harass us since she does not have grounds to force grandparents visitation rights. So far all have been ruled out to my knowledge, although CPS told me that in my past there was an unable to complete because they could not find me and a reason to belive from what must be over 14 years ago because they claimed it concerned medical neglect on a diaper rash they thought I should have got treatment for earlier, but I do not recall anything of that sort.
I recorded the last meeting where I asked them if there were any outstanding concerns or areas they thought we needed improvement in and they gave none, simply giving anecdotes about things people may make assumptions about,etc. The CPS workers have told us our house wasn't messy and that they didn't have any reason to take my kids away or they would have done so the first visit, but said that due to the amount of calls their system automatically transferred us to FBSS.
The FBSS worker is wanting to meet with us tomorrow for their own 'initial assessment' but they mentioned wanting the oldest boys to attend counselling. None of the complaints involved their mental health and the lady could not give me a reason why they were recommending it. The kids don't want to go and we don't want to sign up for any services or make any commitments with them, although if there is a valid concern they can bring to me I'd be happy to address it.
Should I go find my own counselor to have them assessed to show they don't need counselling or should I just politely tell them I decline FBSS services. I have heard sometimes they can use it against us in court if we decline seevices, but I do not want them to interview my kids again or hinder our lives in any way.. my husband already lost one of his jobs and over an entire months rent of income jumping to do drug tests and medical assessments for them because they stated if we waited until he was off work they would count us as testing positive.
We can't find any attorneys near us who will call us back and FBSS starts their assessment tomorrow How can I best show them I am concerned without subjecting my kids to moread interrogations or committing to services we don't need?
Should I offer to get my own provider to sign off anything they ask us to do on my own dime and send them the report or will it be bad enough for thme that I don't have the kids around to intreview that I should just politely decline all services? Id be happy to let them drop by as often as they'd ,Ike to do wellness checks but I feel like they are using FBSS to try to find anything to use against me since they haven't thus far in all these investigations.
Submitted: 2 months ago.
Category: Family Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Customer: replied 2 months ago.
Customer: replied 2 months ago.
We've found a local attorney who will help us if this goes to court. He advised us to tell them to take a hike, basically. We were in the process of travelling before we got stuck in Texas dealing with CPS and would like to finish our vacation and get back home to our state. It seems like FBS cam get court help if they feel you are uncooperative or may move.What is a polite way to decline their services without having it used against us? What exactly should we say or not say?Should we let them do the assessment they are coming for and check our house, etc again and hear what they suggest before we tell them we are not interested, or just tell them right away and be firm, since obviously the first home study and kid interviews went fine since they ruled out neglect? By letting them reassess us don't we run the risk they could make up new evidence or find something new to use against us?
Expert:  Legal Eagle replied 2 months ago.

I am Terribly sorry for the delay. I got called away from my office and expectedly. Let me take a look at your situation right now and respond back to you.

Expert:  Legal Eagle replied 2 months ago.

Okay, usually what I see is that most people will look to find their own counselor. So long as the counselor isn't like an old family friend, and so long as they have the right credentials, then their opinion will be considered in high regard. Keep in mind that anything can be used against you in court, including your declining the services, but if you have services from another provider than that argument will not hold much water. Usually, if you work to make sure that the kids are at least getting some sort of counseling, then that will show that you are serious about this.

As far as what to say, you'd be surprised how just a little bit of honey will go a long way. Basically, you can keep it direct, but polite and say something along the lines that although we appreciate the opportunity to work with the fbss services, we are deciding to get our own counseling for the children.

Customer: replied 2 months ago.
Thank you for your time!On the last, what I meant was, what is a nice way to decline the FBS program entirely? The other attorney has said we can expect frequent home visits/inspections, frequent interviews with all the children etc and that it can take years. We are currently in an RV and want to finish our vacation and go back home (another state) instead of committing to resources here where We jist happened to be when they got the latest call in. If possible we would prefer they do not transfer it to our new home and if they want to take us to court over it to do so now.
So should we tell them we are declining for those reasons or not give a reason at all? Basically, What is the safest and most polite way to decline services entirely? And what can we expect when we do this?
Expert:  Legal Eagle replied 2 months ago.

I can understand. Although I don't know the specifics of your situation, you can take the following recommendation as a template and in fitted to your situation.

“Although we can't respect the mission and goals of the FBS program, it is in the interest of our family that we decline participation in this program. Currently, we are in a recreational vehicle and we wish to finish our vacation and go back to our home state. Committing resources and time to this particular state is not going to be in my family's best interest, which is something that this program should understand. Therefore, respectfully, ***** ***** declining the program and wish to cease communication regarding this matter.”

Did you have any other questions for me?