CPS documents

[spence]

I had my boys taken away from me two and half years ago. My ex-husband had been filing reports against me, these reports where never investigated by CPS. I think the reason they didn't investigated was that it is a small town, I was very active parent at school and a really good mother. My ex-husband had never paid child support and when I ask him to pay, he started making reports. He lives two states away. Told them that I was using drugs and alcohol. Not true, that is why they never investigated. I went to where he lives to file for back child support with the state department. I won't get into the details, but he came and took the boys. Went back to the state where he lives with them. He filed for temporary custody. He used the unsubstantiated reports that he made to the CPS. They were given to him by a women at CPS, I found this out in court after he had the boys taken away. I was told by a attorney to file charges against CPS in the state I live in, with the intent to have the decision by the court in the state that my ex lives in reversed. I have one of my sons back because he ran away from my ex twice, but I have another son that my ex won't allow me to see, even though there is a court order for visitation. When this first happened a was so emotional devastated that I didn't get the right advice from attorneys. Now I am financially devastated by this. From my understanding those reports are not suppost to be given to anyone and unsubstantiated ones are to be destroyed. Is this correct information.

[Momoffor]

As long as you had legal custody and legal permission to live with the kids in the state you were living in, and the boys were established legal residents of the state you were living in, your ex broke interstate child custody laws if you did not give him permission to take the kids out of state. Furthermore, if your kids were residents of the state that you lived in and you legally could 'move' them to that state (if you moved them there), the CPS office in the state that granted him custody had no jurisdiction and the courts in that state had no jurisdiction of the boys unless they filed for it and it was granted by the state YOU and the boys were residing in. Check with your state laws concerning the matter.

Unsubstantiated reports are not destroyed ...They are filed away and used against you later if and when they get more calls. It shows you had a history.

[LindaJM]

I'm glad to hear one of your sons made his way back to you. How old is your other son?

This sounds like it has already gone through courts in the other state, so I'm wondering why you're now concerned about the legality of the reports your ex made and then obtained documentation of. Are you planning to go back to family court to make a complaint about him, or are you hoping to make a complaint about the social worker who gave him the reports?

He sounds like a real scoundrel. Congratulations on divorcing him. You made the right decision!

[family_man]

Unsubstantiated reports can be destroyed in TX if the parents present a written request to do so within 30 days after receiving their case disposition letter.

[MaggieC]

At least in my state, CPS reports may be used in court custody actions by court order.