• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Falsley Accused of Neglect

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

dumbfounded30

Junior Member
North Carolina
My ex husband has falsley accused me and placed a compliant into DSS saying I am a drunk and I have neglected my child. He has recieved temporary custody based alone on his accusations. Even though no one has talked to me. He has removed my child from house and I am no longer allowed to talk to or see the child who is under the age of 10. Now I have to go to court and prove myself fit and stable. What do I do?
 


tigger22472

Senior Member
dumbfounded30 said:
North Carolina
My ex husband has falsley accused me and placed a compliant into DSS saying I am a drunk and I have neglected my child. He has recieved temporary custody based alone on his accusations. Even though no one has talked to me. He has removed my child from house and I am no longer allowed to talk to or see the child who is under the age of 10. Now I have to go to court and prove myself fit and stable. What do I do?
How long have you been divorced and was there already a custody order in place?

I'm sorry but I highly doubt it happened the way you are saying and there is way more to this story. If a report was made to DSS a custody change would not have happened without an investigation or at least a SLIGHT chance that it was likely true.
 

stealth2

Under the Radar Member
It COULD happen that way if it was filed as an emergency ex parte petition. BTDT. Yes, you'll have to go to court and disprove his allegations.
 

tigger22472

Senior Member
stealth2 said:
It COULD happen that way if it was filed as an emergency ex parte petition. BTDT. Yes, you'll have to go to court and disprove his allegations.
You've had custody removed from you before anyone investigated anything?
 

casa

Senior Member
My nuttyX tried several times and through all avenues to make false allegations against me stick. :rolleyes:

I've never had my children removed from my home.

Cooperate with the caseworker, sign releases, allow them to inspect your home. Drug test if that is an allegation. Provide school and Dr. records showing your children are fine and healthy. Gather affidavits from neighbors, teachers, friends, family re; their observations of you as a parent. Bring in your work history or a letter from your boss. A 'drunk' doesn't show up to work, have a clean house, fed and healthy children, good relationships with family and neighbors etc.
 

maggie14

Junior Member
I'm so sorry!

I am so sorry that you are going though this. I am going though the same thing. My ex is suing me for full custody of my daughter claiming that I am a alcoholic and that I neglect my daughter. But the real reason is that he does not want to pay his child support money. So if he can make me out to be a unfit parent he can get custody. His lawyer issued a ex parte order and motion for temporary custody on me. But what happen in court that day is that his own lawyer did not even show up for court that day for this so I still have my daughter with me. My ex called child protective services on me to and they came out and done a safety accessment on us and I got a clean bill of health. They could not find neglect or substance abuse. Our next court date is in a couple of weeks.
 

Grace_Adler

Senior Member
OMG! Do not even get me started on CPS. :mad:

DO NOT let them run all over you because they will! Get yourself a good lawyer who is not afraid to stand up to them.

Yeah the good ol' system; guilty until proven innocent, especially with CPS. (I didn't realize we live in France.) :rolleyes:

Good Luck!
 

dumbfounded30

Junior Member
The only thing missing from the story is that he is getiing remarried. And after we went to court where I was awarded supervised visit he went to the Chld support clerk to find out about his child support payment. If this man is truly interested in the care of his child why would that be the next stop? And we have always maintained an open relationship for the sake of our child. Girlfriend comes in and now I am a drunk who is unable to care for my child after 5 yrs never having any allegations made.
 

stealth2

Under the Radar Member
tigger22472 said:
You've had custody removed from you before anyone investigated anything?
Yup. My ex got an ex parte order for custody on a Friday morning, served my lawyer on the Friday afternoon and took the kids. Where he (and his lawyer) screwed up was in not letting the judge know that (a) we had an existing (temporary) custody order and (b) we had a hearing set for the following Monday. Both he and our "regular" judge ripped the two of them a new one that Monday. :p Reinstated the original order, gave me some extra time during the week (during which he assaulted me) as well as a make-up w/e (when he called the cops on me for not having the kids ready for his time and then claimed that he "didn't realize" the judge had given me the weekend.

LOL He's such a peach, my ex is!
 

dumbfounded30

Junior Member
Well I had my supervised visit and all went really well. She complained first that her chest hurt when she breathed and said she told her principal that. When she got up saturday she told me her dad was wron. when I questioned why she said that he told her I wouldn't stay with her because we had to stay at grandpas. When I asked her to eat her lunch she wanted to know what I was going to give her. These people ar playing mental warfare on her and don't even care! It just makes me angrier and angrier! But I can't show it because than they can say I am unstable!
I was allowed a supervised visit at her school and that was wonderful!And they did allow me reasonable phone contact. She called me at work on Friday because she said she had been crying in class because she wanted to come home! This is ripping me apart!
But we do go to court tomorrow and hopefully this will be resolved and she can come home!

So, for everyone thank you so much for your support! It is nice to know I am not alone in this! So, say a prayer for us as I will for all of you!
Thank you all so much!
 

traceyr

Junior Member
well being that It is North Carolina nothing surprises me, The town that I am dealing with also had a 6 year old child die in the hands of the foster mother because she worked for DSS attorney's office they refused to investigate the childs aunt who had repeated pictures showing abuse of the little girl by the time anyone bothered to listen the foster mother had the little girl ingest a sippy cup of poison and killed her, That state plays by its on rules, and there are numerous reports that I have found that prove it, They have one of the highest rates of children being seperated from their parents, There are alot of good parents out there who are seperated for reasons that should'nt be, then there are children that sit in abusive homes and fathers use them as a gun shield like the one in california that no one pays any attention to. I was told I was not a strict enough parent, how is that possible, should i of spanked them everyday? apprently thats what they thought. whereas I always believed in talking to mine, I have talked to several case workeers who have told me what happened in my case was unfair, but like I said NC makes there on rules
 

dumbfounded30

Junior Member
Went to court he dropped all allegations! My baby has come home. Now his family is still reporting to the DSS allegations and "concerns"! At some point can this be considered harrasment? Does it ever end?
 

CandiceH

Member
congratulations! I am extremely happy for you after reading through this thread. I am not sure about your state but in NY you can get into some serious trouble for making false accusations to cps on a continuous basis. Keep your head up!!!!!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top