CPS and US Constitution and Declaration of Independence

[cyberspook]

What is the name of your state (only U.S. law)? NY

I have a friend that I have known for many years. She is girl and I am a guy. I am married and she has a estranged boyfriend with a child. Recently they had a fight. A bad one. She had some drinks in her, and he did not. The fight ensued and the police where called. She was not drunk to the point where she could not take care of her kids and she has a small speech imedement because of a hearing loss that makes her sound a little drunk even when she is sober. It get's better, We had an affair about 3 months ago that is now over however we remain friends and plan to remain friends.

Child Support Services (CPS) took the young one into custody. Today. A case worker told her if she wanted her son back she needed to stay away from me because she was not making wise decisions. Between her allowing her estranged boyfriend back in the house (there was a order of protection on him) and running around with a married man (me). Our relationship is platonic as it was prior to the affair.

Can this guy do this? Don't she and I have a right to the pursuit of happiness under the 14th ammendment and the Declaration of Independence? During the affair the kids never even saw us kiss. I have never put her kids in harms way and actually like to hang with them, McDonalds etc. That type of thing. I take her grocery shopping and run errands with her and sometimes have a drink. Last I knew adultery wasn't illegal anyway.

Serious responses need only reply. I don't want to hear a lecture about the 10 commandments. Sound legal advice is all I wish to read. Thank you in advance...

 

[Antigone*]

What is the name of your state (only U.S. law)? NY

I have a friend that I have known for many years. She is girl and I am a guy. I am married and she has a estranged boyfriend with a child. Recently they had a fight. A bad one. She had some drinks in her, and he did not. The fight ensued and the police where called. She was not drunk to the point where she could not take care of her kids and she has a small speech imedement because of a hearing loss that makes her sound a little drunk even when she is sober. It get's better, We had an affair about 3 months ago that is now over however we remain friends and plan to remain friends.

Child Support Services (CPS) took the young one into custody. Today. A case worker told her if she wanted her son back she needed to stay away from me because she was not making wise decisions. Between her allowing her estranged boyfriend back in the house (there was a order of protection on him) and running around with a married man (me). Our relationship is platonic as it was prior to the affair.

Can this guy do this? Don't she and I have a right to the pursuit of happiness under the 14th ammendment and the Declaration of Independence? During the affair the kids never even saw us kiss. I have never put her kids in harms way and actually like to hang with them, McDonalds etc. That type of thing. I take her grocery shopping and run errands with her and sometimes have a drink. Last I knew adultery wasn't illegal anyway.

Serious responses need only reply. I don't want to hear a lecture about the 10 commandments. Sound legal advice is all I wish to read. Thank you in advance...

You can do whatever she wants; however, you are not a party to this action between this woman and CPS. You don't know exactly what is going on, you only know what she is telling you and she could be feeding you a line a mile long.

My suggestion to you is to stay away from this one.

 

[Zigner]

Sounds to me like this mom-of-the-year has a choice to make...

 

[Proserpina]

This is not a 14th amendment issue.

There's nothing stopping you two from having an affair.

But really, you're asking the wrong question. The real question is, can she be prevented from exposing the CHILD to such actions?

And the legally accurate answer to that is, "Yes, she can".

(If it can be articulated that such actions are detrimental to or not in the best interest of the child)

Make sense?

 

[cyberspook]

Well I knew there would be smart ass remarks. Guess it goes with the territory. Another reason I don't use this site much anymore. BTW she is not giving me a line. I have know this woman for over 20 years and while she may not be mom of the year she has not lied to me yet. More than I can say about a lot of people including myself. I guess maybe I should have put this in constitutional law if there is a catagory for that on this forum.

Is the desire to keep our friendship covered under the right to pursue happiness? Not 100% sure on that one. Ask me something on military law and I will give you a honest answer...

 

[TheGeekess]

Well I knew there would be smart ass remarks. Guess it goes with the territory. Another reason I don't use this site much anymore. BTW she is not giving me a line. I have know this woman for over 20 years and while she may not be mom of the year she has not lied to me yet. More than I can say about a lot of people including myself. I guess maybe I should have put this in constitutional law if there is a catagory for that on this forum.

Is the desire to keep our friendship covered under the right to pursue happiness? Not 100% sure on that one. Ask me something on military law and I will give you a honest answer...

Alrighty then.

 

[Antigone*]

Alrighty then.

Can you please pour me a double, dearest. It is just about time.

 

[cyberspook]

There are no actions and the child has never seen any actions. How do you see that we are not being denied our right to the pursuit of happiness? She is my friend...

 

[Proserpina]

Well I knew there would be smart ass remarks. Guess it goes with the territory. Another reason I don't use this site much anymore. BTW she is not giving me a line. I have know this woman for over 20 years and while she may not be mom of the year she has not lied to me yet. More than I can say about a lot of people including myself. I guess maybe I should have put this in constitutional law if there is a catagory for that on this forum.

Is the desire to keep our friendship covered under the right to pursue happiness? Not 100% sure on that one. Ask me something on military law and I will give you a honest answer...

What are you talking about?

I gave you a legally accurate answer.

 

[Antigone*]

There are no actions and the child has never seen any actions. How do you see that we are not being denied our right to the pursuit of happiness? She is my friend...

She can pursue happiness with you, just not if she wants custody of her children. At least this is the case according to the line she is feeding you.

 

[tranquility]

There is no right to pursue happiness.

What if murder makes one happy?

 

[Antigone*]

There is no right to pursue happiness.

What if murder makes one happy?

What if wearing argyle socks makes one happy

 

[TheGeekess]

Can you please pour me a double, dearest. It is just about time.

Sure can.

 

[DownTime]

The legal answer is: stay the heck out of the way of CPS, and she should do exactly what they tell her to, and cross her t's and dot her i's, too. Your meddling into this is being a horrible "friend". Stay away!

 

[cyberspook]

This is not a 14th amendment issue.

There's nothing stopping you two from having an affair.

But really, you're asking the wrong question. The real question is, can she be prevented from exposing the CHILD to such actions?

And the legally accurate answer to that is, "Yes, she can".

(If it can be articulated that such actions are detrimental to or not in the best interest of the child)

Make sense?

You just said this is not a 14th ammendment issue. Can you base that on some precedence? The pursuit of happiness is a constitutional issue and it is also noted in the Declaration of Independence. If I had put that child in harms way or was mean to him or even spanked or swore at him in any type of ill way I could understand why this case worker would want me away. In fact he could line up a order of protection against me. But he has absolutely no evidence to get an order because no evidence exists.

This case worker (it's a he) is playing God he doesn't like adulterers. Adultery is not illegal.

We have a right to be friends to go to the grocery store to have a drink. This a pursuit of happiness. Her children enjoy my company and so do I. I am not breaking any laws by being her friend...