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A false claim has been made to cps on me. CPS has visited and a UA Test (clean) has been done. What should I do?

This legal question related to Family law attorneys in Canon City & ColoradoColorado has been answered.

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Location: Canon City, Colorado  |  Law type: Family law attorneys
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I am a 22yo single mom living with my boyfriend. We both used to do drugs before I got preganant (both totally clean now). My mother has falsely accused me of abusing my 16mo son by calling CPS in Cañon City Colorado. I am clean now but my mother is not and won't believe that I am. She has attempted once before to physically take my son but the police stopped her. We were visiting her home 50 miles away. That was a month ago and have communicated since. Shortly after that she sent the police to our door for a "well check". Several weeks later, when CPS came to my door I let them in. They had me do a UA Test (clean). I'm afraid my mother will call them again. She is an alcoholic and does drugs. Of course, I would greatly appreciate CPS not ever visiting me again. My life is now on track and don't need this drama. I just got my CNA License. How do I deal with my mother and also keep CPS off my back?

Legal Solution

The response provided below is specific to Family law attorneys in the jurisdiction of Canon City, Colorado. If the response is inadequate, please submit a detailed inquiry.

False CPS Claims in Canon City, Colorado

Based on your description, it seems you're dealing with a complex situation involving false accusations and possible family issues. Your commitment to sobriety and your career progression as a CNA is commendable. To protect your interests and those of your son, understanding your rights and the appropriate actions to take is crucial.

Relevant Laws and Resources

  • Colorado Children’s Code Title 19 - This governs the procedures surrounding child welfare investigations in Colorado.
  • Colorado Department of Human Services - They oversee Child Protective Services and other related agencies. You can find more information on their homepage.

Possible Solutions

  1. Consult a Family Lawyer: To best address false allegations, it would be prudent to consult with family lawyers in your area. They can advise on potential defamation or harassment suits against your mother, should her claims be proven false repeatedly.

  2. Document Everything: Maintain a detailed record of interactions with your mother, any police reports, CPS visits, and your drug tests results. This will be useful evidence if the issue escalates.

  3. Restraining Order: If your mother continues to make false allegations and tries to take your child away, consider obtaining a restraining order. This would legally prevent her from approaching you or your son.

  4. Regular Communication with CPS: To prevent future misunderstandings, maintain a line of communication with CPS. Let them know of your efforts to stay clean, and provide any relevant evidence. It might dissuade them from further investigations if they feel the allegations lack merit.

Legal Service Pricing in Canon City

Service Average Price Description
Initial Legal Consultation $150 - $300 First meeting with a lawyer.
Filing a Restraining Order $500 - $1,200 Includes court fees and lawyer's charges.
Defamation Suit $2,000 - $10,000 Depending on the complexity.
Custody Agreement Mediation $1,000 - $5,000 Mediation to ensure child's best interest.

Note: The prices provided are average estimates and can vary based on the lawyer's experience, the complexity of the case, and other factors.

Additional Clarification

Your circumstances are undoubtedly complex, and while the provided information is general, your specific situation may warrant a unique approach. If you need a deeper dive into your options, I recommend you find the right lawyer who specializes in family law in Canon City.

Relevant Questions

  • Have you already consulted any legal professionals about your situation?
  • Are there any witnesses or evidence that can corroborate your side of the story?
  • How often and in what capacity does your mother interact with your child currently?

How can I prevent further false allegations?

You can consider obtaining a restraining order, maintaining documented evidence of your sobriety and proper childcare, and consulting with a family lawyer about potential legal actions against false accusers.

What rights do I have if CPS decides to launch an in-depth investigation?

You have the right to be informed of any allegations against you, the right to legal representation, and the right to present evidence to refute the claims.

How can I prove my sobriety and suitability as a parent?

Consistent drug tests, character references, maintaining stable employment, and providing a safe living environment for your child can serve as evidence of your fitness as a parent.

Can I file for defamation against someone for false CPS claims?

Yes, if you can prove that someone knowingly made false claims that caused harm to your reputation or caused unwarranted investigations, you might have grounds for a defamation lawsuit.

What if I feel the CPS investigation is biased or unfair?

You have the right to appeal decisions made by CPS and seek legal counsel to ensure your rights and interests are protected.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "A false claim has been made to cps on me. CPS has visited and a UA Test (clean) has been done. What should I do?" has been changed 5 months 2 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Canon City, Colorado & area of law: Family law attorneys.
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A Family attorney in the United States is a lawyer who assists clients with civil legal matters, such as "child custody", "alimony", "domestic violence" or "divorce" cases. The "family law" candidate should have at least 2 years of family law experience. These experiences may include divorce proceedings as well as child custody and counseling. Browse our database of family lawyers and get a free family law consultation.

  • Marriage, civil unions, and domestic partnerships (domestic violence)
  • Adoption and surrogacy
  • Child abuse and child abduction (child custody, child care)
  • The termination of relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards
  • Juvenile adjudication
  • paternity testing and paternity fraud
  • more about family law at wikipedia

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