I have a 5 year old son that during the past two years has stayed primarily with his dad and grandfather. This is for a couple reasons. First the private school they wanted is simply to far for me to commute in between every day. Second, my new boyfriend is a real man and his dad is afraid of this thus makes excuses every time we want to see him. Last weekend when I was visiting my son at their house we had and argument and they wouldn't let me see my son. Now I am getting invetigated by DFS. They say there are allegations that I do cocaine, marijuana, and alcohol all in front of my son which are all untrue. Yesterday they called to interview me and my son which went fine and my son testified that none of these things were true. Today they called and said they want to come to my house tomorrow morning and give me and my boyfriend urine test. What are my rights? Should I get a lawyer before anything? Does someone have to simply accuse some one of these things for them to have to go through this? HELP?

Where the welfare of children are concerned the authorities try to err on the side of protecting the child. I'm afraid a 5 yr old's testimony that the allegations are untrue are not going to carry much weight.

What was the custody arrangement in the divorce? Did you get physical custody or what?

I know its an indignity, but I would submit to the testing to prove the allegations are lies. Then, depending on the custody arrangement ordered by the court, I would go to the court and get an order showing you have custody and show up at your son's school with a police officer and pick him up and take him home. I would then tell the father, that they can find a school closer to your home and that, since they are proven liars, any visitation will need to be supervised. You will have to go back to family court to enforce that.

There was no custody agreement. We chose to work it out ourselves. I didn't even make him pay child support.

Well its not working out so you need to take him to court and get a custody agreement.

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Originally Posted by gregulator

I have a 5 year old son that during the past two years has stayed primarily with his dad and grandfather. This is for a couple reasons. First the private school they wanted is simply to far for me to commute in between every day. Second, my new boyfriend is a real man and his dad is afraid of this thus makes excuses every time we want to see him. Last weekend when I was visiting my son at their house we had and argument and they wouldn't let me see my son. Now I am getting invetigated by DFS. They say there are allegations that I do cocaine, marijuana, and alcohol all in front of my son which are all untrue. Yesterday they called to interview me and my son which went fine and my son testified that none of these things were true. Today they called and said they want to come to my house tomorrow morning and give me and my boyfriend urine test. What are my rights? Should I get a lawyer before anything? Does someone have to simply accuse some one of these things for them to have to go through this? HELP?

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Well first of all they have to have evidence before they do anything but the Police must have heard it form someone in your family most likley the person keeping you form your son and yes I agree with ScottGem so you should go to court and get a custody agreement

Custody and child support. How does the son feel about changing schools? Middle of the year is not a time to interrupt a young child's life because the adults are having a..

Update: I passed all the drug test this morning as I knew I would. Take that es. Now I just wonder what's next and if this has given me potential clout in family court. I live in Miami if that helps. Thanks to everyone for any advice.

It proves that whomever made the allegations is a liar and has an agenda, that would be my argument.

I agree with what Tal said so that should give you some leverage.