What is the name of your state (only U.S. law)? Texas
This is in reference to the thread I had started as "custodial increased distance", but the topic is now different. Quick back reference though: CP increased distance against court order, after allowing only one of the established visitations. Provided no forward address or phone #. This does constitute "withholding of possession" against Court order. But.....
Before I posted the last update of her nowhere to be found, I was contacted and interviewed (over the phone, due to long distance) by a Texas CPS officer. CP reported me for endangerment of child, arguing that I left him in the car alone in the heat while "shopping" (against the law, and against common sense, I would say). Of course I didn't do any such thing. CPS, after the interview said the evidence was not sufficient, the 5 year old boy did not give a consistent reporting, seemed "coached", and she would "probably" close the case, and send me the paperwork in the mail. I wait two, three weeks, no news. So I contact CPS. They tell me it's still open. Then I get news that CP secured testimony of three other people, all of them her family members, especially the testimony of the family member at whose house we had the exchange of the child (contentious rel. with CP, better no contact).
So, I have no witnesses, just my word against that of four of her family. What can I do? Can I suggest that I take a polygraph test?
Also: 1) I have always refrained from reporting anything to CPS, despite several minor accidents: for ex. on one occasion CP arrived with her convertible, roof down, the child in back seat, cold, and no booster seat (one month short of his 4th b-day)). All I did was to tell her calmly that I thought it was unwise, she of course yelled "how dare you" (mother knows best, father is a know-nothing idiot). Frankly, I didn't want further complications, and if I did report something like that, for sure she would have responded with much worse accusations. However, if I report it now, it may look like tit for tat...)
2) Is it wise to try to find her and serve her the papers for contempt of court, while the CPS case is still pending? While the court order and the CPS case are not correlated legally, she could still use the CPS investigation as a justification for having been hiding from this "dangerous" dad. (CP lost custody of her previous two children, but that is stuff almost ten years old).What is the name of your state (only U.S. law)?