My current wife was accused by an ex relative in another state of sexual misconduct with her minor daughter after a disagreement between the mother and her she also claimed that she had talked with my wife's sister who told her that my wife was molested by her father which is also not true and he stays with us in our home quite often. The tx cps called my wife tried to come to our house my wife not knowing what was going on agreed to come meet her at her office which she did instantly. The false report had stated our 3 year old son was in danger of sexual abuse because of her and my father-in-law... uhg the agent admitted there is no sign of either neglect or abuse with our son and the report made no sense.(a lot of random unmatching statements... made from malice) but that she would need to set a time to come to our home and interview my other children who do not live with us and their mother as well as my wife's father. This will cause absolute hell with my ex who will stop at nothing to punish my current wife and may start another custody battle that I do not want my other children to go through again! Can I prevent her from speaking/interviewing my children that do not live with us... how? How do we stop this false claim and move on with our lives? Should we hire an attorney or would that make the situation worse?

Some good advices from fightcps:


Check your state recording laws. Print out a copy of your state’s law, and put it in a file folder entitled “Child Welfare Agents” near your front door. Have a tape recorder and blank tape or video campera handy in the house at all times. If a child protective services social worker shows up at your door, be prepared to tape the interview. You can, at that time, show them that you have a copy of the law. Don’t be coerced not to tape — this is your legal right if your state law says it is. Video tape is better than audio tape, if you can afford to do that instead.

Furthermore, you must document everything that happens in writing! Take notes.Keep a spiral-bound notebook on hand and use it to document every contact with child protective services or child protective services appointed “service providers”. Don’t back down on this! Prepare in advance, and stand firm against CPS agents! After each contact, write a letter (some recommend having such a letter notarized) detailing what occurred, and request that the social worker confirm or deny the facts as you understand them within ten days of receipt of your letter. If no letter disputing the facts is received, then your statement of facts will be automatically confirmed. This form of documentation can later be used as evidence in your favor in juvenile court.


You are under no obligation to let a child protective services social worker into your house. Under the basic law of our land, the United States Constitution, Amendment Four, you have the right to privacy in your home. No government agent of any type is allowed to enter your home without your permission. We know of many cases where entry was coerced by statements such as “let me in or I’ll take your kids”. Do not give in! Do not give up your Constitutional Rights! Stand firm on this! If your rights are not honored, you can sue them later, but it is so much better to force them to honor your rights now. Check out Forced Entry Lawsuit.

The only exception would be if the child protective services agent shows up with a law enforcement officer bearing a search warrant. Usually that doesn’t happen — and I will tell you why. The child protective services agent is there at your door to gather evidence. Usually he doesn’t have enough real evidence to detain your child right away and there is not enough “probable cause” to obtain a search warrant. Typically, he will be just working on a phoned-in tip from someone who wants to retaliate against you for something. If you talk a lot, your words will be twisted in such a way as to be used against you in court. Also if you allow this person into your home, he will most likely find something there to complain about and use against you in court. A sink with 8 dishes needing washing can show up in his report as “a sink full of dirty dishes and a filthy kitchen” which of course would serve to make you look bad to a judge. Therefore, just don’t let these people into your home. You have no idea what an issue a child protective services social worker can make of a pile of laundry sitting next to your washing machine!

If the complaint the child protective services social worker is there to investigate is that your house is dirty, you can go inside, take a few digital photos, and then go back outside to show her the house is just fine. Or, you can tell her that without a court order there will be no entry into your private home thanks to the Fourth Amendment of the US Constitution. If she’s working with only an anonymous tip, she will not be able to get a court order. If instead, she has credible evidence, she may be able to get one.


Don’t Trust CPS Social Workers

In other words, know the enemy. Know who child protective services workers are. He typical child protective services social worker is there for one reason: to have a job to pay his/her bills. This worker cannot afford to lose the job, so s/he will do whatever the supervisor says in order to maintain employment.

Now, if this child protective services social worker is put into a unit assigned to go investigate referrals and to make decisions regarding detainment of children, then naturally this person would be suspect if s/he never detained a kid! In order to maintain employment, this child protective services social worker will have to take a certain number of children into custody… therefore when they are at your home, they are thinking to themselves, “what can I find out about this family to build a case aimed at taking their kid?” They must have a case to take into court, and they are there, looking for evidence.

Even if they seem nice and harmless, remember, this is how child protective services makes money. To keep their jobs, they must take away children from their families. They are wolves in sheep’s clothing. They come to your door saying, “I’m just here to help.” The next thing you know, your children are in state custody and you are in court trying to prove your innocence. Remember, even if you like the person, behind every pleasant personality is a need to keep the child protective services social worker job. Behind every seemingly nice caseworker there is a more experienced child protective services supervisor who may tell your caseworker to “find something” to use to detain your child. You would not believe some of the idiotic allegations I have seen in caseworker reports… but if they can get a judge to rubber stamp their side of the story, they can get away with keeping your children in state custody. Don’t trust these people!


Just Say “NO” To Private Interviews With Your Child

The CPS agents will want to talk to your child alone. Just say “NO”. Tell the agents that your child has the right to have an attorney present, and that if he insists on an interview then you and the attorney will be present and the interview will be recorded, preferably on videotape. Of course, if your child is attending a public school, you probably won’t get a chance to say “no”. What would happen is that the social worker would go to the school and, behind your back, get permission to talk with your children from the school employees. You can tell the school ahead of time (in writing) that you don’t permit such interviews, or anything other than basic education activities, however you cannot trust school employees to go by your wishes. It might help to ask your attorney to write a letter to the school forbidding interviews with CPS workers. Keep in mind that the public schools are one of the major sources of CPS referrals. I have heard that caseworkers complain that public school employees actually want more child detentions than CPS agents do!

GV has given you good advice. I would engage an attorney as well. The best defense is a good offense and filing a defamation suit against the relative may be the best way of forestalling things.

Yes and one trick they do is to show up with a police officer but without a warrant, don't let them scare you.

I had a problem when I stopped a 15 year old from breaking the widows out of my house with a baseball bat. Since I had to get physcial to take the bat away, the CPS said I had hurt a minor child. *** some minor child, 6ft tall and 180 lbs..

But I would not talk to them, or let them in my house, or let them talk to my children, they came back with a police officer who I ordered to get off my property also. In some areas they often try, since they can't get court warrants without some level of proof.

Also yes an attorney and don't talk to them at all without the attorney there, if they would get a warrant.