1 of 9

Write now Article Tools

October 4, 2004. I will remember that day for the rest of my life. For me, September 11, 2001 fades in comparison because October 4, 2004 was the day Child Protective Services (CPS) of Montgomery County, New York took my daughter away from me based on anonymous and false allegations. I finally got her back, but she would never have been taken in the first place if I had known more about how CPS and Family Court operated, and if I had known my rights under the law.

Don't make the mistake of thinking that it can't happen to you. Before it happened to me, I would have never thought it was possible. Although my wife and I were approaching age 50, neither of us had any experience with courts, lawyers or investigators of any kind. We had each received a couple of traffic tickets in our lives, which we dutifully pled guilty to and paid the fines. We had hired a lawyer twice for closings on house purchases. My wife had served on a jury once.

We had been married for 25 years, raised two boys who were model citizens, extremely bright and had never had any trouble with the law. We both worked. My wife graduated from community college with a 4.0 average and was a charge nurse at a local nursing home. I had an M.A. degree in English and ran my own business. We paid our taxes, went to church, helped our neighbors, voted in every election, put up the flag on holidays-in short we were the kind of people that supposedly were the backbone of America.

The number one piece of advice I can give people who have been falsely reported for abuse or neglect is to hire a good lawyer. (I am not a lawyer, by the way, so please don't take any advice from this article without consulting a lawyer first.) But don't just hire any lawyer. Your lawyer must be familiar with family law and social services law. He or she must also be aggressive. Child Protective caseworkers and social service lawyers are very aggressive, and they will run right over a mealy-mouthed lawyer. I know because it happened to the first lawyer we had.

Another mistake we made was cooperating with CPS. It's just like cooperating with the police. It generally buys you nothing. When CPS investigators come to your door, you do not have to let them in the house, unless they have a search warrant. All of your constitutional rights are in force, and you need to maintain them.

Get the investigator's name and business card if possible. Speak as little as possible and as politely as possible. Close the door as soon as you are able and

• 1
• 2
• next page >>

Add your voice

Know something about How to prepare if you are falsely reported for abuse or neglect?
We want to hear your view. Write now!