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GA state child custody and family law, child protective services (CPS) order, procedures to appeal CPS decision

Asked over 3 years ago - Forest Park, GA

a cps investigator from dfacs came to my home to investigate an anonymous call they got that said my home was nasty & infested with roaches, and that my 11 yr. old son was neglected and had behavioral problems and that I smoked methe & crack in the home. The investigator said that she could see that wasn't the truth and would not open the case if I could pass a drug test. I failed the test for methe only. I didn't want to take the drug test but felt I had no choice. They removed my son from my home and placed him with my aunt next door. They filed a child protective order with the court, and they're making me do all kind of crap and they still haven't returned my son to me. They have totally taken over our lives and disrupted our home life. Whatare my rights and can I fight them on this matter if I think they are wrong

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Attorney answers (1)

Peter Christopher Lomtevas

Reputation Level 14

Answered over 3 years ago. Family Law Attorney in Jamaica, NY.

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The real danger posed by this question is not whether the drug test was accurate but rather what would be the outcome if the test was a fraud?

Imagine battalions of caseworkers walking through the streets, entering homes and administering drug tests. Imagine if each and every such test came up positive for a dangerous narcotic. Children would be flipped all over the neighborhood and federal funding under CAPTA would rain down on the state.

I believe you can contact Senator Nancy Shaeffer. She would want to hear your story. Otherwise, I hope you have a good local attorney representing you during all this.

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warren9031

Answered by a user, almost 3 years ago.

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ok to answer your question first of all the " crap" they are making you do is called services to you. this was probly establised at an ISP. THESE SERVICES SHOULD BE WHAT HELPS YOU GET YOUR KIDS BACK. SECOND, YOU FAILED FOR METH! YSE YOU ARE PUTTING YOUR CHILD IN DANGER WHEN YOU SMOKE METH. THE BEHAVIORAL PROBLEMS PROB IS FROM BEING AROUND METH HIM SELF. NOT SURE WHAT SERVICES YOU ARE HAVING TO DO BUT YOU NEED TO DO THEM AND PASS ALL YOUR DRUG TEST! AND AS FAR AS THEM DISRUPTING YOUR HOME I THINK YOU BROUGHT IT ON YOUR SELF! YOU DO HAVE RIGHTS! BUT THINK ABOUT YOUR CHILDREN RIGHTS THE NEXT TIME YOU DECIDE TO SMOKE METH !

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