Legal Question in Family Law in Texas

Malicous attempts to hurt me,

My daughter's dad has now called CPS on me twice on false charges. Both cases were closed. Last year he accused me of abusing her because she had small scratches on her back. I explained they were from playing in a card board box. They were also gone in 3 days, he still called CPS on me. When the worker came out she examined Ama and we talked. She told me if he continues harassing me I can file charges against him.

Feb 2008 he called CPS and told them I was sexually abusing her. He reported I let her watch a pornographic movie, and even went so far as to say ''We don�t know if she (me) received sexual gratification from it or not'' The CPS workers and detective all feel she was coached, because she never repeated any of the allegations and when they investigated her they didn�t find any signs of abuse.

I know it was him because of comments he made prior to me getting a visit from a worker and this last time a comment my 3 yr old made. Though of course have not proof due to the laws stating CPS is not allowed to give out names. These were malicious allegations to harm me in the eyes of the law so he could get custody of her. He's going to emotionally harm her in his attempts to hurt me. What can I do?


Asked on 3/15/08, 10:07 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Malicous attempts to hurt me,

The problem is getting those CPS investigations into evidence. You would have to prove that he was the source of the report and that is going to be difficult to impossible unless the child wants to testify and that's not a good idea. Good Luck.

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Answered on 3/15/08, 11:13 pm
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Malicous attempts to hurt me,

Sometimes, if there are multiple unfounded complaints from one person, CPS will flag a file since the last thing they want to do is waste their valuable time and resources investigating false reports, but two complaints is probably not enough to qualify.

Get your daughter into counseling. Even at 3, custody games can tear her apart. You can't change him and what he is doing, but you can give her the skills she needs to cope.

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Answered on 3/17/08, 10:49 am


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