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cps whants to interview my 8yr old son with no one present

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chrysainia

Junior Member
What is the name of your state (only U.S. law)? Montana

I recently went through a domestic situation (me and my husband, son was present but asleep) and cps wants to interview my son with out me present, is this legal? can I request some one be present? I know how they are and I do not trust them. I have nothing to hide but... I have known of them adding to or coercing /intimidating children to say things that are not true, I am already having problems with the county in which I reside being crooked in this whole situation, as with many other families here. I need to know my legal rights as a parent regarding the above.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Montana

I recently went through a domestic situation (me and my husband, son was present but asleep) and cps wants to interview my son with out me present, is this legal? can I request some one be present? I know how they are and I do not trust them. I have nothing to hide but... I have known of them adding to or coercing /intimidating children to say things that are not true, I am already having problems with the county in which I reside being crooked in this whole situation, as with many other families here. I need to know my legal rights as a parent regarding the above.
What you need to say is NO. No. No. No. No. No. You do NOT HAVE TO COOPERATE with CPS. You do not have to consent to any such interview. You do not have to talk to them. Unless of course they have obtained a court order.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Montana

I recently went through a domestic situation (me and my husband, son was present but asleep) and cps wants to interview my son with out me present, is this legal? can I request some one be present? I know how they are and I do not trust them. I have nothing to hide but... I have known of them adding to or coercing /intimidating children to say things that are not true, I am already having problems with the county in which I reside being crooked in this whole situation, as with many other families here. I need to know my legal rights as a parent regarding the above.
You are not seeking to protect your son. You wish to protect you and your husband!

Nor can you document your statement that you personally know of incidents where any agency of Montana's Department of Health and Welfare has "coerced and intimidated minor children".

First because you would not be privy to any alleged improper conduct by H&W. And secondly because if you were able to corroborate such a preposterous claim, you would be the first to officially complain!
 

chrysainia

Junior Member
You are not seeking to protect your son. You wish to protect you and your husband!

Nor can you document your statement that you personally know of incidents where any agency of Montana's Department of Health and Welfare has "coerced and intimidated minor children".

First because you would not be privy to any alleged improper conduct by H&W. And secondly because if you were able to corroborate such a preposterous claim, you would be the first to officially complain!
I would like to thank the first poster for answering my question

now for the "quoted" party, do not make allegations for which you have not the information concerning. I personally see no reason to traumatize my son by having him interrogated by a stranger in a room with no one there (and yes, it is traumatizing, your wrong, I do know) also, there is current litigation against the county in which I reside for such "preposterous claims" and I know they can, and do change statements first hand. my love for my husband does NOT exceed the love for my son, do you have children? if so, are you married? if you answer yes to both then I ask you, which do you love more? Different kind of love, I AM protecting my son. He is in a loving supportive environment. he is fit, handsome, smart and kind. I wish to keep him out of this whole court hoopla, and any emotional trauma he openly discusses with me and family/friends, he has a VERY LARGE support group! Before you judge some one stand in there shoes. I refuse to feed my son to the system. I see no reason that they cannot check on him with some one there? What could they possibly want to interrogate a child alone for? I would lay my life down for my son, I was asking for LEGAL HELP not to be degraded. thank you
 
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Just Blue

Senior Member
I would like to thank the first poster for answering the same as the attorneys I have called.

now for the �quoted� party, do not make allegations for which you have not the information concerning. I personally see no reason to traumatize my son by having him interrogated by a stranger in a room with no one there (and yes, it is traumatizing, your wrong, I do know) also, there is current litigation against the county in which I reside for such "preposterous claims" and I know they can, and do change statements first hand. my love for my husband does NOT exceed the love for my son, do you have children? if so, are you married? if you answer yes to both then I ask you, which do you love more? Different kind of love, I AM protecting my son. He is in a loving supportive environment. he is fit, handsome, smart and kind. I wish to keep him out of this whole court hoopla, and any emotional trauma he openly discusses with me and family/friends, he has a VERY LARGE support group! Before you judge some one stand in there shoes. I refuse to feed my son to the system. I see no reason that they cannot check on him with some one there? What could they possibly want to interrogate a child alone for? I would lay my life down for my son, I was asking for LEGAL HELP not to be degraded. thank you
Both OG and latigo are FA VETTED attorneys. What both have stated, based on your post was correct. What was the "domestic"issue? :confused:
 

chrysainia

Junior Member
I was thanking OH for the backing of telling them no was an ok thing, as for latigo the rude assumption that i would in any way put my self or husband above my son spiked my temper, I am sorry, apparently he has never been a child being interrogated before? not all cps are corrupted I know that.

the "domestic issue" is for reasons unknown my husband blacked out and we had a fight (only injury was to myself, I have known my husband since he was 4 yrs old, hes very gentle and kind. this was a freak incident that has never happened in the past, he is a healthy non violent person who doesn't believe in hitting women, has good boundaries, knows what abuse is, etc) I got my sleeping son out of bed and we left in the car, that was the last time we saw my husband, I know it has to be medical as this has never happened in the past. and yes, once this is over and he proves he has gotten the help and earns our trust back I will take him back, I dont think it selfish to want our family to be back to normal again.

my county has become so corrupted though I have a hard time trusting them, if you dont believe me visit
www.lincolncountyofficials.com and see for your selfs.

my question was if it was legal to interrogate him with out any one else present, I have nothing to hide but wish to spare my son further trauma.

I have alot of legal problems and questions regarding this whole situation and wish not to offend anyone, I'm just lost.
 
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CdwJava

Senior Member
Many states will add on charges of child neglect for domestic violence matters within sight or sound of their children.

Whether you choose to allow your child access to CPS or not does not change the fact that there appears to be a problem that needs to be addressed.
 

chrysainia

Junior Member
well... thanks OH for the advice, looks like no one can get past their own opinions. I need anger management for what now? I asked for advice and only one here cared enough to tell me anything, no wonder this world is so messed up.

* edited to be I am asking why I would need anger management? I dont see how I was in the wrong in my post and I even apologized. it was a head butt not a fight by the way, I misworded that... it was horrible to have any of this happen and now I'm getting attacked by people I was pleading for some help from.
 
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cbg

I'm a Northern Girl
It is also true that children have been known to lie if a parent is in the room.
 

Just Blue

Senior Member
well... thanks OH for the advice, looks like no one can get past their own opinions. I need anger management for what now? I asked for advice and only one here cared enough to tell me anything, no wonder this world is so messed up.

* edited to be I am asking why I would need anger management? I dont see how I was in the wrong in my post and I even apologized. it was a head butt not a fight by the way, I misworded that... it was horrible to have any of this happen and now I'm getting attacked by people I was pleading for some help from.
You received assistance. From two attorneys, a Police officer and some VOLUNTEERS. If you require pablum go to www.ineedpablum.com
 

LdiJ

Senior Member
It is also true that children have been known to lie if a parent is in the room.
But its also true that children can be coerced into saying things that they do not mean. Its something that we talk about here all the time...children wanting to please the adult who appears to be calling the shots, so they say what they think that adult wants to hear. Normally we are talking about children saying different things to mom or dad, or grandparents, but the same principle applies.
 

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