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  1. #1
    paterunum is offline Member
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    how to fight false reports to CPS

    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)?
  2. #2
    Ohiogal is offline Senior Member
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    Let it go. Tit for tat is NOT smart and if you really cared about it you would have reported it then. Not waited until she complained about you.
    As for polygraph -- let it go until you know there is something to worry about.
    File contempt if she is withholding.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    paterunum is offline Member
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    Quote Originally Posted by Ohiogal View Post
    Let it go. Tit for tat is NOT smart and if you really cared about it you would have reported it then. Not waited until she complained about you.

    So it would really look like that, eh? Today, I found through public recs. that she was arrested on a DWI. The boy was on board. This was nine months ago. Being this a violation I didn't know about until now, should I also let it go?

    As for polygraph -- let it go until you know there is something to worry about.

    I do have reasons to worry about this. The last time I called CPS, she was impatient with me, a completely different attitude from our phone interview. I simply asked her why I hadn't received anything yet, and she replied curtly that the case was still open. I asked when she expected to close it, she said not sure she will actually close it....I certainly show cooperation.

    File contempt if she is withholding.
    Still, this doesn't completely answer my question: can CP have a shot against this saying that she was just trying to protect the child and she was just waiting for the CPS to finish its investigation? Thanks Ohiogal.
  4. #4
    tuffbrk is offline Senior Member
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    What is the timing of the report to CPS as compared to your last court date?
  5. #5
    paterunum is offline Member
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    Quote Originally Posted by tuffbrk View Post
    What is the timing of the report to CPS as compared to your last court date?

    Ok, I understand you're asking when she filed the report to CPS? two months after the final order. It was also my first week-end long visit with the child (it would be too long to explain why I didn't obtain regular visit. until now - suffice to say the court had ruled for a phased in process toward being alone with the child for extended periods of time only because the CP had prevented contact, therefore familiarization between child and me). I told CPS they might consider why CP immediately reported an incident on my very first week-end with him.
    If your point is instead about how long the CPS has worked on this: more than their normal 30 days, due to long distance. 2 months now. My visit with the child was in June, and CP disappeared since then. She announced that within 6 months of change of residence she will transfer the case to her new jurisdiction, and, I suppose, try to reinstate it/appeal it. Thanks.
  6. #6
    TinkerBelleLuvr is offline Senior Member
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    File for contempt that the CP is hiding the child.

    There only "witness" is a 5 yo who appears to be "coached". Three family members who were NOT present are NOT witnesses.

    Make sure that CPS understands you are involved in a contentious custody issue. You would NOT be the first person involved with CPS for custody issues.
  7. #7
    onebreath is offline Member
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    Also, file for custody, or reststriction of a moveaway...you need an attorney or paralegal to file papers for you stating a case in court that you intend your child to remain in your jusrisdictron.

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