What can I do if someone has filed a false reportwith CPS regarding my child?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if someone has filed a false reportwith CPS regarding my child?
A neighbor of mine has called CPS stating that I neglect my daughter. He did so because, at his wife’s request, 2 other neighbors and I called APS regarding the emotional abuse of his disabled wife. He has been heard by multiple people, including myself and my husband, stating that he had done it for that reason and even has gone so far as to ask our apartment manager if he would get in trouble for calling CPS on us since we called APS on him. Is there anything I can do to show this man that CPS is for children who are truly in danger and not to be used as a tool for personal vengeance and malicious intent?
Asked on September 14, 2011 under Personal Injury, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Because of the subject matter that the good people of Child Protective Services deals with - as you are well aware from what you have written here - there is an assumption from the beginning that the persons that filed the report or complaint did so honestly. CPS has to investigate the report made for the good of all children who may not be as fortunate as your own. So you need to make sure that you cross your "t's" and dot your "i's" here and follow through with having the case dismissed. Now, once you do that seek help from an attorney about filing a civil suit against your neighbor for defamation and harassment and what ever else your attorney can think of. That will surely stop him from ever doing it again. And get his wife out of there.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.