When can cps remove your children from you cps took my son because my wife's saliva test did not produce a reading

Asked 6 months ago - Wichita Falls, TX

About a month ago i went to return a spare tire someone had loaned me. I had my 4 month old son with me and with 10 minutes of being in his apt the police served a search warrent at his residance. I was arrested for warrents for tickets amd child support rather than calling my wife to come pick up our son the police called cps they took my son and made no effort to contact my wife. I sent someone to my house yo notify her and she met the cps worker at her office my stepdaughter was at church while her mom was meeting with cps and another worker went to the church and took her as well they forced my wife to take numerous drug test including seliva urin and hair folical wich she did willingly and passed every time just under a month later they were orderd to give the kids back a couple weeks

Additional information

Later a false report was made that we had no food or utilities at our home a sherriff came to the house and saw that everything was ok a few days later cps sent police to check the welfare of our kids they saw my wife at the gas station and approached her they called cps who made her take a saliva test but the test did not produce a positive or negative result so they took my son again they began a search for my stepdaughter and were threatening our friends and family the affidavit wrote by cps is full of lies and miss leading statements including saying that a member of my family is a registered sex offender wich is completely untrue and saying that I was convicted of crimes that I was never even charged with they are telling people that the police found drugs in my wifes purse they got the landlord to let them in our home while we were not there we feel that we are being harassed is there anything we can do

Attorney answers (3)

  1. Jennifer Elizabeth Wright

    Contributor Level 14

    3

    Lawyers agree

    Answered . Use the find a lawyer tab at the top of the page to locate an attorney in your area. CPS is not something to take lightly - especially with prior CPS involvement. Consult with an experienced attorney to discuss specifically (and in greater detail) what has happened. He/She should be able to give you advice on how best to proceed. Best of Luck

    This answer is intended for informational and educational purposes only and should not be considered legal advice... more
  2. Daniel Lee O'Neil

    Contributor Level 18

    1

    Lawyer agrees

    Answered . As Jennifer wisely suggested, get a lawyer on the case ASAP to assist. It is not wise to be unrepresented in dealings with CPS. Best of luck

    Statements posted on the Avvo Q&A section are not legal advice. No prudent person anywhere at any time should ever... more
  3. Jason John Jakob

    Pro

    Contributor Level 9

    Answered . I take it then a 262 hearing was conducted by the court. This is the first hearing in which you have in front of a court when removal of children occur. Did you have retained representation or appointed counsel? It appears by and through the system reunification occurred.

    My answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information... more

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