My husband had a cps disposition in 2006. Can this report be used against me if my ex husband takes me to court to get custody of our children?
It depends on a number of factors that you did not provide in your question:
1. WHAT was the disposition? If it was "reason to believe" it provides more ammunition than "ruled out".
2. If the disposition was anything besides "ruled out", is the underlying complaint relatable to your children today? For example, if he received an adverse disposition for drunk driving with a baby 8 years ago and has been otherwise clean since then and your children are in their teens with cell phones, I don't think it creates very powerful evidence against you because you can make an argument that those facts back then don't relate at all to the facts of today.
The fact that you've posted this under domestic violence raises some red flags. If your husband received an adverse disposition for acts of family violence that he committed, I would prepare myself to show how and why a person should not be afraid of him today. Has he taken anger management? Does he have a clean record since then (not just CPS, but arrest record, civil litigation record, etc.)?
Also remember that your ex has to show a material and substantial change in circumstances since the date of the last order. If I were you, I'd send some interrogatories to him (if he has filed suit) asking him to describe the material and substantial changes AND how his requested change is in the children's best interest.
Discovery is tricky to get exactly right. You'll want an attorney to help you get it right if it comes to that.
There are a lot of unknowns here. The answer can depend on what was the previous disposition? Was it "Reason to Believe," "Unable to Determine" or "Ruled Out?" Another important factor is what were the allegations? Some issues follow you longer than others. A neglect allegation or sometimes physical abuse may not be a problem this long ago. However, if it was sexual abuse allegations then you may have plenty to worry about. Yet another factor is how long has your ex-husband known about your current husband's CPS history? The longer he has known then the less likely it is to be a real problem. You need to sit down with an experienced lawyer in your area who can talk to you about the situation and give you sound advice about your options. The short answer to your question is that it is a very fact specific question so you need to discuss the details with a lawyer.
Yes, all relevant facts affecting the children and their environment and their caretakers can be offered as evidence and considered by the Court.
Ms. Laster practices in Dallas, Denton, Collin and Tarrant Coun
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