cps investigating my family because of false allegatons

[lluvia25]

CPS has started an investigation on my husband and I because his ex wife filed a report on us stating that we use meth 4-5 times a week. Let me tell you a little about us, We currently have custody of his girls and we have two more kids in the home. Since I've been with my husband cps has removed the kids from his ex wife I would say a total of 4 times all due to drugs. In 08 she decided just to go ahead and sign over custody to us, since she had an open case with cps because her house was raided and drugs where found, along with her harboring a known felon. It had been almos two years since we heard anything from her, and during the summer she popped back in our lives demanding to see the children. My husband allowed her to spend the summer with them, and when it was time to pick them up she had already made up allegations against us. My husband was served papers to modify child custody, and then we got a call from cps wanting to talk to us and the children. Ok now that i have informed you a little of the situation, here is our thing with cps. We talke to an investigator and he told us that he was investigating us for drugs. We told him the situation, and how we have never been in trouble with the law, we take care of our kids, my husband is disabled so we live on a fixed income. He told us we had to go take a swab test in order for him to close the case. He told us that he would contact us in 2 days. First of all, the alligation was made on a Wednsday, he didnt make contact til monday. Then at our visit he told us that normally the law gets involved, but he had just got off the phone with her and she wasnt to worry about our case. Well 10 days later he calls us and told us we had to be at the facility to test. We live an hour away from where we have to test, and then he informed us that it was going to be a hair follicle test, and with the prescriptions my husband takes, he has to take on a daily bases, he could show a false positive. We told him we werent going to be able to go the next day due to we didnt have anyone to pick up our kids plus prior arrangements we already had. He told my husband that if we werent there by 5:30 he was going to mark us positive. We tried explaining to him that there just wasnt no way we could be there, that we would be more glad to do it next week. We told him that we werent refusing to take the test. My question is, we didnt make the appointment could he come and take our kids away even if the drug test wasnt court ordered, it was just to prove my ex husbands wife wrong. What do I need to do if he does try to take my kids with out no cause.

[kobluti]

Read the resources contained in this website and educate yourself. If you have the financial means (or even if you don't) start calling attorneys experienced in CPS defense. The answer to your question regarding whether CPS could remove your other children because you and your husband didn't show up for a drug test is yes, they possibly could. Use the resources in this website to get to the information you will need for your State and after some education start calling experienced CPS attorneys.

[LindaJM]

I agree, the best time to get an attorney is at the beginning of an investigation. Having a good attorney is the #1 best way to get a case closed before it goes to court. CPS agents would rather pick on someone who is helpless than someone who is getting good legal advice.

It is common for caseworkers to consider missed tests a 'false positive'. However... they have no evidence that you're a drug user - other than the word of a known drug user! That's not a strong case for them!

[Marina]

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I wonder if anyone just gives out the name and number of an attorney or legal firm, preferably from a neighboring locality, just to get CPS off their backs?

I mean, what is the worst that can happen? If Mrs. Mom says, please contact me through my attorney/firm at 222-2222, and they call Mr. Big-Time Lawyer and he says he has never heard of Mrs. Mom, then what? Mom is still in the process of contacting Mr. Big-Time Lawyer?

Just a thought.

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