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What is the process in appealing "Reason to believe" CPS finding?

Dallas, TX |

I am going thru a very difficult divorce. My wife has opened 3 CPS investigations on me since one month after our split in Nov 2011. I have the copy of the CPS report and "reason to believe" ruled for physical abuse and neglectful supervision. I have proof that my wife has been untruthful to CPS on several occasions in all 3 matters and I have evidentiary proof specifically to the reason to believe for physical abuse. I need to appeal the reason to believe decision by CPS so as to clear my name and for purposes of my pending divorce. It is amazing how many untruths have been documented by CPS and other 3rd parties involved and I wish to utilize this information in overturning the "reason to believe" decision to a decision of "ruled out." How may I best go about this?

Attorney Answers 3


You can best go about this by hiring a lawyer. You describe an extremely contentious and complicated legal proceeding. CPS does not make appealable orders, judges do. The CPS workers, witnesses and reports are potentially evidence. It would be impossible to try to teach you how to navigate a contested family law proceeding alone. It is learned in law school and years of experience. Please consider hiring an attorney to assist you.

The above answer does not create an attorney/client relationship. These responses are merely intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney in your community. The law changes frequently and varies from state to state. You should verify and confirm any information provided with an attorney licensed in your state

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I agree with Ms. Langford and want to expand on her answer a bit. CPS did not make a custody determination; rather, your wife can use this report and the CPS caseworkers as evidence in your divorce. While these determinations have been made, they are not binding or final in terms of keeping you from having custody.

However, they are given some hefty weight by the judge. You do have a chance to disprove CPS's allegations in Court via your own testimony and evidence that you can present. However, this gets very, very complicated and I would strongly recommend consulting a local attorney.

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In Galveston County recently, the district attorney's office has started prosecuting parents for making false allegations to CPS and abusing their role. It might be worth discussing with the D.A. where you live.

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