How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118809
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My husband has been seeing a psychologist for 3 months ...

Resolved Question:

My husband has been seeing a psychologist for 3 months because he suffers from OCD. He takes diazepam as prescribed and occassionally smokes marijuana. In a recent session with his psychologist, he admitted that on a couple of occassions, he was under the influence of marijuana while driving our 20 month old daughter. She called child protective services today. What are my rights?
Submitted: 9 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 years ago.
First, you can consider whether or not the psychologist breached confidentiality or was forced by being a mandatory reporter. This is a very complex issue because there is a fine line between the two and there must be an imminent danger to the child or the person, not merely something that happened in the past. Second, you may need to make arrangements to either temporarily separate from your husband in order to keep custody of the child or you may need to voluntarily sign over temporary custody to a relative to keep the child away from your husband until Child Protection completes its investigation. You should at this point get an attorney to discuss both the breach of confidentiality and either temporary separation or temporary custody so that they can keep the child out of the grips of CPS. CPS is a very powerful agency with very broad power and they can become almost impossible to fight if you do not protect yourself from the beginning.

I hope you found my answer helpful, please click on the GREEN ACCEPT for each of my answers. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

Law Educator, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 9 years ago.
I need to understand what my rights are.
Expert:  Law Educator, Esq. replied 9 years ago.
Unfortunately, you do not have many rights with CPS. They will come in and interview you and any hesitation will be categorized as you refusing to cooperate with them. You have a right for them to conduct an investigation, but they have the right to remove the child or order that your husband stay away until the investigation is completed and they make their determination. Going to court to fight CPS is a nightmare and the courts generally side with CPS because they are afraid that if anything happens to the child (regardless of whether or not it is likely that anything will happen) then the court will take the blame. I am sorry that I cannot give you a more positive answer, but your rights are very limited, if any with CPS. You have to cooperate with them and that is about the only real right you have.