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My husband lied to CPS and told him he doesn't smoke

Customer Question
My husband lied to...

My husband lied to CPS and told him he doesn't smoke marijuana, we live with my mom and grandmother and they drug tested everyone who is in my house, my mom doesn't smoke but my grandmother does occasionally. I refused my hair follicle drug test because I already admitted to them for smoking, will this cause any problems with our case? We also signed a safety plan.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Just taking the classes that CPS ordered me to take due to a safety plan

Lawyer's Assistant: Family law varies by state. What state are you in?

Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it.

Submitted: 1 month ago.Category: Family Law
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Answered in 4 minutes by:
3/20/2018
Family Lawyer: Ely, Counselor at Law replied 1 month ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,497
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

I am sorry to hear about this situation. If you admitted smoking, it is the same thing as testing positive. And if you live in the same household and are the parent to the child, this may cause a problem. However if that is the only thing CPS finds, then they normally leave you alone provided you complete the parenting plan which will likely include drug classes.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

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Customer reply replied 1 month ago
since my husband will test positive for marijuana will be be ordered to take the drug classes as well? Even though we signed a safety plan in regards ***** ***** children?
Family Lawyer: Ely, Counselor at Law replied 1 month ago

Yes, likely. Because you admitted it, and, he will test positive.

Understand that CPShave 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 DHS and if you challenge their claim, it may be denied. But this is a risk.

If CPS sees an issue, they will normally request that you do some parental classes and/or actions (such as take the children to the doctor), 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."

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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