Daughter's soon to be ex filed false CPS report, Since they separated last year the harrassment from him and his family keeps getting worse, to the point that we really worry about the baby with the. Can we take the false cps report to court to prove they sould only have supervised visits and it is costing us more money in attorney fees. What can we do
You state that there was a 'false' report filed.
What was false about it? You would have to
be able to prove the falsehood. What proof
do you have? If you can prove that this report
was false . . . YES you can use it to show the
court that ex was not exactly honest. As far
as attorney fees, those are your costs to
defend this action. Could you sue ex for
defamation? It would depend on what the
falsehood(s) stated by ex. If there is on-
going harrassment, you may be able to
stop it with PPO. Family squabbles,
especially with children involved can
turn into real nightmares. Good luck!
THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.
There must be a substantial change of circumstances to change custody. You should seek a free consultation with an attorney offering one in your area, they can go into an explanation of what the court will be looking for. If you have a substantial change and the court allows you to move forward, the next step will be to address the best interests factors. The fact there was a false report made to CPS will have a negative impact on the reporting party when examining these factors. In order for the court to order supervised visitation, you will have to prove that there is a danger to the child.
This is not legal advice only general information. Should you seek legal advice you should talk personally with an attorney.
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