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  1. #1
    Join Date
    Jun 2005
    Location
    virginia
    Posts
    27

    Default Can You Sue CPS, the Judge, or Accuser in an Abuse Case

    My question involves child abuse or neglect in the State of:Virginia
    My life has been turned upside down by the mother of my daughter and she used CPS to do the damage.
    I had joint custody of my daughter, and ran a child care business out of my home. The mother tried to claim I was sexually abusing my daughter in 2009. After poly and investigation, case was dismissed at hearing. The case was deemed unfounded by CPS. She did this I believe because I was running a successful childcare business out of my home, and knew she could get a good amount in child support. I started the business because I wanted my daughter properly socialized( I was a bachelor living alone and I didn't have friends with kids)plus I couldn't afford daycare. The business took of and I started earning more than I ever had before.

    My daughter's mom is completely unstable, and an alcoholic. I would have much rather been the dad paying child support and seeing his daughter half the week. In my case it wasn't an option, my daughter's life would be destroyed by this woman.


    Fast forward to 2010, I file for child support from the mother. Four days after child support was granted, BAM! The mother accused of abusing my daughter again. The stress level of dealing with these investigations is extreme. As in the first case my daughter was removed from my custody and placed in her mothers custody, only this time a diligent CPS worker started investigating the mother a bit, and found out she was unstable with a host of other problems. They removed her from the mom and she was placed with a client of my daycare to prevent her from going to foster care. During this time she recanted her story, and said her mother told her to say these things and if she didn't she would never see her mother again. She was re-interviewed by investigators and told them the same thing. They didn't believe the recant. The woman keeping her said she could no longer keep her. She was put in foster care and placed with my mother. I was ordered by the court to take a psych-sexual assessment which I did not pass, this shouldn't have been allowed in court but it was by CPS's attorney writing the judge to say I needed to retest, which obviously meant I failed, as far as the judge was concerned. Later I found out the test was inconclusive. At this point my childcare was shut down and then DHS came after me for child support AFTER taking away my income, and while living with MY mother who they didn't give the money. The judge made a finding against me.

    I appealed the case and won. The GAL and the appeals judge said the previous finding was a travesty, they labeled the mother a serial reporter and she now has only supervised visits.

    My daughter's and my life, in the short term has been ruined, my credit destroyed, business and reputation ruined.

    What can I do? CPS seemed to suppress statements, they badgered my daughter in interviews only to get a piece of nothing even though in those same interviews she said her mother told her to do it.

    Is anyone liable here besides the mother?

  2. #2
    Join Date
    Sep 2010
    Posts
    9,472

    Default Re: I Want to Take Action Against Cps, the Judge And/or the Complaintant

    You can't sue the judge.
    You most likely can not sue the government agency (see the 11th amendment).
    You can try to sue your ex, but to what end?

  3. #3
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: I Want to Take Action Against Cps, the Judge And/or the Complaintant

    You can't sue the judge, he is the only one protected.

    You can file suit against the individual CPS workers, but it will be a tough case. You'll have to show that they acted oustide their scope of employment, willfully violated your rights as a parent, violated court orders or state statutes concerning information given to the court, etc. It can be difficult at best, but there are law firms that handle such cases. Google.

    You can sue the mother for the malicious reports as slander. I actually think you may have a decent case there. You can obviously show that they were false, she knew them to be false, you sustained a loss of income and reputation. However, does she have anything of value to recover?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,991

    Default Re: I Want to Take Action Against Cps, the Judge And/or the Complaintant

    You can sue the mother for the malicious reports as slander. I actually think you may have a decent case there. You can obviously show that they were false, she knew them to be false, you sustained a loss of income and reputation. However, does she have anything of value to recover?
    ...and if she does have anything of value to recover, are you willing to spend the time and money to collect - which could take years?
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  5. #5
    Join Date
    Jun 2005
    Location
    virginia
    Posts
    27

    Default Re: Can You Sue CPS, the Judge, or Accuser in an Abuse Case

    Thanks for the responses!

    It's insane, I go into court seeking child support, any woman in America can do this easily.
    I leave court with my business gone, the child support she owed vacated.
    I'm now paying arrears from when she was in foster.
    And I'm still the one who has custody, the system just made my job that much harder. I would have been better off never exercising my right to child support.
    The end result is I'm collecting $250 dollars from her per month, I have just received my first payment of $51. The cost of the appeal alone

    It's like the judicial system is saying "NOW let's see if you can raise her"...I feel I have been totally discriminated against.

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Can You Sue CPS, the Judge, or Accuser in an Abuse Case

    our court system is a joke in state courts .. they should be more like federal court where game playing is at a minimum.

  7. #7
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Can You Sue CPS, the Judge, or Accuser in an Abuse Case

    My suggestion is to seek out an attorney in your area who might take the case pro bono. Due to filing suit against a government entity it will surely raise media attention, which may help get a lawyer to sign on for free.

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,747

    Default Re: Can You Sue CPS, the Judge, or Accuser in an Abuse Case

    Litigation like this isn't charity work, and the notion that a lawyer will take a case that probably won't generate any publicity "for the publicity" is more than a wee bit on the optimistic side. There's no chance of prevailing against the judge, courtesy of judicial immunity. If all we're talking about with CPS is the opinion that mom appeared to be telling the truth, subsequently backed up by a judge agreeing, the odds of successfully pursuing a case there are microscopic in the face of governmental immunity.

    If mom lied and fooled people, there's potential there - assuming mom has money to pay a judgment, but it does not sound like she has money.

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