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  1. #1
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    Jun 2017
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    Default What Are the Implications of Calling CPS on Your Wife

    My question involves child abuse or neglect in the State of: Texas.

    Set this is the scenario: A man and his wife have a child , it was found out later that the child is not biologically the fathers and the fathers name was not included on the birth certificate nor was the "stepfather" . The wife is a former meth addict who began using again 6 months into the pregnancy. She was confronted and it was found out that she was being supplied by her father who was jobless and living with the couple at the time. Husband kicks dad in law out and wife gets clean. Fast forward 10 months and wife is caught by husband smoking meth in bathroom. Husband doesn't know how to fix the issue as the wife refuses rehab so husband - forgot to mention dad in law is now back due to homelessness- Husband comes up with a great idea- if he does the drug with her she won't have a reason to lie and hide it. The plant did not work and only made things worse. Husband is at a loss and depressed and calls CPS pretending to be a friend of the husband and tells the entire story (above) and that the husband enrolled child in daycare to ensure cared for if mom crashes all day but leaves out the part of his geniouxus idea to do the drug with her and stated that "Husband doesn't drink or do drugs, home is clean, no weapons etc. Biggest concern being that CPS has been called before because mom crashes and baby goes outside and wanders around the apt complex until police and CPS show up.

    So:

    1) Since the report was directed at woman and her dad, is/would there be any reason CPS would drug test the Husband?

    2) in the event of a drug test would there be criminal charges against whoever failed? Would they differ considering that husband is the only person employed? And if the husband did fail what if any charges would he be looking At?

    3) I know an official report can be requested, if husband is asked to do a drug test can he decline until receiving copy of said report?

    3b) since report states that husband is great person. Who doesnt drink on or do drugs, will that allow the husband to refuse a drug test since he was not accused?

    3c) if a test is refused what are the ramifications?

    4) if husband is not drug tested and decides to file divorce, what impact will there be on alimony, custody, etc

    5) what happened s to wife and wife's dad when they inevitably fail drug test?

    6) what happens with the child?

    7) did husband do the right thing by calling CPS?

  2. #2
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    Default Re: What Are the Implications of Calling CPS on Your Wife

    Quote Quoting SMASHSCHAEF
    View Post
    My question involves child abuse or neglect in the State of: Texas.

    Set this is the scenario: A man and his wife have a child , it was found out later that the child is not biologically the fathers and the fathers name was not included on the birth certificate nor was the "stepfather" . The wife is a former meth addict who began using again 6 months into the pregnancy. She was confronted and it was found out that she was being supplied by her father who was jobless and living with the couple at the time. Husband kicks dad in law out and wife gets clean. Fast forward 10 months and wife is caught by husband smoking meth in bathroom. Husband doesn't know how to fix the issue as the wife refuses rehab so husband - forgot to mention dad in law is now back due to homelessness- Husband comes up with a great idea- if he does the drug with her she won't have a reason to lie and hide it. The plant did not work and only made things worse. Husband is at a loss and depressed and calls CPS pretending to be a friend of the husband and tells the entire story (above) and that the husband enrolled child in daycare to ensure cared for if mom crashes all day but leaves out the part of his geniouxus idea to do the drug with her and stated that "Husband doesn't drink or do drugs, home is clean, no weapons etc. Biggest concern being that CPS has been called before because mom crashes and baby goes outside and wanders around the apt complex until police and CPS show up.

    So:

    1) Since the report was directed at woman and her dad, is/would there be any reason CPS would drug test the Husband?
    It's entirely likely ... and moreso when Mom tells them that he's using. Seriously, if Dad believes for one second that CPS is going to believe his story that he only did the drug with Mom so she wouldn't have to hide it (!), he's delusional.


    2) in the event of a drug test would there be criminal charges against whoever failed? Would they differ considering that husband is the only person employed? And if the husband did fail what if any charges would he be looking At?
    It depends on the entire set of circumstances. If husband has taken the same drug and is employed, he may find himself unemployed pretty quickly. Charges may or may not be filed.


    3) I know an official report can be requested, if husband is asked to do a drug test can he decline until receiving copy of said report?
    Sure ... but it's going to look mighty suspicious.


    3b) since report states that husband is great person. Who doesnt drink on or do drugs, will that allow the husband to refuse a drug test since he was not accused?
    Being called a "Great person" is, for all intents and purposes, utterly meaningless. Ditto for stating that the husband doesn't drink or do drugs ... besides, unless the person making the report is there 24/7 with Dad, how would that person know?

    ( And I predict Mom is absolutely going to implicate him regardless )


    3c) if a test is refused what are the ramifications?
    Depends.


    4) if husband is not drug tested and decides to file divorce, what impact will there be on alimony, custody, etc
    Alimony for a short term marriage is highly unlikely. Custody will be decided in the best interests of the child - and no, drug use doesn't automatically deem a parent unfit.


    5) what happened s to wife and wife's dad when they inevitably fail drug test?
    Could be nothing, could be something.


    6) what happens with the child?
    See previous response.


    7) did husband do the right thing by calling CPS?
    If the child was GENUINELY in danger then yes, calling CPS was the logical thing to do. If Dad was looking for a way to somehow fix Mom, or her habit, or anything like that, it can - and probably will - backfire immensely. He should also expect CPS to get on his back for allowing the child to be around drugs while he lived there.

    As things now stand, drug use in this country is not an automatic bar to custody. It typically becomes an issue only if it results in neglect or abuse of the child; some states won't blink unless the parent is smoking crack in the baby's bath tub with the baby present ... and others will try to remove a child because the parent is a pothead. And when the child is removed, the goal of CPS is reunification whenever possible - in other words, reuniting the child with the primary caregiver.

    Please tell me that Dad hasn't actually done this yet ...

  3. #3
    Join Date
    Oct 2006
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    16,474

    Default Re: What Are the Implications of Calling CPS on Your Wife

    This is a true story.

    My grandson's father, my daughter and her two children live in my house full time. His other children live in my house half time.

    The mother and grandmother of his other children were arrested for meth. CPS put his other children in temporary foster care. CPS drug tested all of the adults in my house, including me, as part of their determination as to where to place his other children on a full time basis.

    So yeah, there is a better than decent chance that they are going to drug test dad.

  4. #4
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    2

    Default Re: What Are the Implications of Calling CPS on Your Wife

    The dad hasn't called however a mutual friend of ours did because of how depressed he has become. Yes it was ridiculous to use just to avoid the lying but as far as I know he has stopped , he made the comment that he was afraid he was gonna end up like doing the things she does. I don't think I mentioned this before call however he is not the biological father and hes not on the birth certificate [ the father line is blank ] And he has not adopted the child so in Texas hes legally not a stepfather, does that change the impact of this case on him? I'm just worried that while our mutual friends action was done out of care/concern that it may have unintended consequences.

    Also I'm not sure if you know anything about this but John said that after he told CPS the situation, the agent he spoke to you said something about making it popularity, he called that something like 7:00 p.m. yesterday what are the odds with the highest "priority" that somebody ends up going out today on Saturday? I'm just curious because He had to leave town for a few days on business-and I'm curious of him not physically present when the case worker arrives, Considering it is a legitimate and verifiable business trip, I doubt he will have any issues with them thinking that he is running, but we want to make sure that he gets to tell his side of the story, do you know how these situations are usually handled? I'm starting to get the feeling the police should have been called instead of CPS Because this affects his Well being more than the kids, As far as I know the child has never been abused and is a happy toddler when I see him- And I find this ironic but I know CPS looks For an unclean living situation yethis girl is on the speed (which SHE 0 IS)

  5. #5
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    Default Re: What Are the Implications of Calling CPS on Your Wife

    Quote Quoting SMASHSCHAEF
    View Post
    The dad hasn't called however a mutual friend of ours did because of how depressed he has become. Yes it was ridiculous to use just to avoid the lying but as far as I know he has stopped , he made the comment that he was afraid he was gonna end up like doing the things she does. I don't think I mentioned this before call however he is not the biological father and hes not on the birth certificate [ the father line is blank ] And he has not adopted the child so in Texas hes legally not a stepfather, does that change the impact of this case on him? I'm just worried that while our mutual friends action was done out of care/concern that it may have unintended consequences.

    Also I'm not sure if you know anything about this but John said that after he told CPS the situation, the agent he spoke to you said something about making it popularity, he called that something like 7:00 p.m. yesterday what are the odds with the highest "priority" that somebody ends up going out today on Saturday? I'm just curious because He had to leave town for a few days on business-and I'm curious of him not physically present when the case worker arrives, Considering it is a legitimate and verifiable business trip, I doubt he will have any issues with them thinking that he is running, but we want to make sure that he gets to tell his side of the story, do you know how these situations are usually handled? I'm starting to get the feeling the police should have been called instead of CPS Because this affects his Well being more than the kids, As far as I know the child has never been abused and is a happy toddler when I see him- And I find this ironic but I know CPS looks For an unclean living situation yethis girl is on the speed (which SHE 0 IS)
    So, your mutual friend called CPS about a child who is neither neglected nor abused? That was more than a bit tacky. Once CPS sees a happy toddler who has not been abused they might very well choose not to go any further into drug testing or anything else.

  6. #6
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    Default Re: What Are the Implications of Calling CPS on Your Wife

    Quote Quoting SMASHSCHAEF
    View Post
    The dad hasn't called however a mutual friend of ours did because of how depressed he has become. Yes it was ridiculous to use just to avoid the lying but as far as I know he has stopped , he made the comment that he was afraid he was gonna end up like doing the things she does. I don't think I mentioned this before call however he is not the biological father and hes not on the birth certificate [ the father line is blank ] And he has not adopted the child so in Texas hes legally not a stepfather, does that change the impact of this case on him? I'm just worried that while our mutual friends action was done out of care/concern that it may have unintended consequences.

    Also I'm not sure if you know anything about this but John said that after he told CPS the situation, the agent he spoke to you said something about making it popularity, he called that something like 7:00 p.m. yesterday what are the odds with the highest "priority" that somebody ends up going out today on Saturday? I'm just curious because He had to leave town for a few days on business-and I'm curious of him not physically present when the case worker arrives, Considering it is a legitimate and verifiable business trip, I doubt he will have any issues with them thinking that he is running, but we want to make sure that he gets to tell his side of the story, do you know how these situations are usually handled? I'm starting to get the feeling the police should have been called instead of CPS Because this affects his Well being more than the kids, As far as I know the child has never been abused and is a happy toddler when I see him- And I find this ironic but I know CPS looks For an unclean living situation yethis girl is on the speed (which SHE 0 IS)
    Who exactly is "we"? And why did you say HE called, when HE apparently didn't call at all? If HE wants help, he needs to register himself.

    Quote Quoting llworking
    View Post
    So, your mutual friend called CPS about a child who is neither neglected nor abused? That was more than a bit tacky. Once CPS sees a happy toddler who has not been abused they might very well choose not to go any further into drug testing or anything else.
    The abject stupidity of some people just amazes me.

  7. #7
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    Jun 2014
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    Default Re: What Are the Implications of Calling CPS on Your Wife

    If they are not legally married, they can't get a divorce. If the man is not the legal or biological father, he can't be made to pay child support or get custody.

    This is ridiculous ! ! It sounds like the OP and the friend the OP is referring to is ingesting something that severely impairs their judgement.

  8. #8
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    Mar 2016
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    Default Re: What Are the Implications of Calling CPS on Your Wife

    Quote Quoting SMASHSCHAEF
    View Post
    My question involves child abuse or neglect in the State of: Texas.

    Set this is the scenario: A man and his wife have a child , it was found out later that the child is not biologically the fathers and the fathers name was not included on the birth certificate nor was the "stepfather" . The wife is a former meth addict who began using again 6 months into the pregnancy. She was confronted and it was found out that she was being supplied by her father who was jobless and living with the couple at the time. Husband kicks dad in law out and wife gets clean. Fast forward 10 months and wife is caught by husband smoking meth in bathroom. Husband doesn't know how to fix the issue as the wife refuses rehab so husband - forgot to mention dad in law is now back due to homelessness- Husband comes up with a great idea- if he does the drug with her she won't have a reason to lie and hide it. The plant did not work and only made things worse. Husband is at a loss and depressed and calls CPS pretending to be a friend of the husband and tells the entire story (above) and that the husband enrolled child in daycare to ensure cared for if mom crashes all day but leaves out the part of his geniouxus idea to do the drug with her and stated that "Husband doesn't drink or do drugs, home is clean, no weapons etc. Biggest concern being that CPS has been called before because mom crashes and baby goes outside and wanders around the apt complex until police and CPS show up.

    So:

    1) Since the report was directed at woman and her dad, is/would there be any reason CPS would drug test the Husband?

    2) in the event of a drug test would there be criminal charges against whoever failed? Would they differ considering that husband is the only person employed? And if the husband did fail what if any charges would he be looking At?

    3) I know an official report can be requested, if husband is asked to do a drug test can he decline until receiving copy of said report?

    3b) since report states that husband is great person. Who doesnt drink on or do drugs, will that allow the husband to refuse a drug test since he was not accused?

    3c) if a test is refused what are the ramifications?

    4) if husband is not drug tested and decides to file divorce, what impact will there be on alimony, custody, etc

    5) what happened s to wife and wife's dad when they inevitably fail drug test?

    6) what happens with the child?

    7) did husband do the right thing by calling CPS?
    1. Yes there is reason for CPS to test the husband. They can have everyone in the home tested.

    2. Just because the husband has a job doesn't mean he can't get criminal charges filed against him for using an illegal substance. I'm assuming there aren't drug tests done at the husband's job.

    3. That would look suspicious. Again they can test everyone in the home. If you refuse the test - sorry the husband - then the guy can lose his kid.

    4. If he files for divorce and custody then he and his wife go to court and a judge will decide custody - but I very highly doubt they won't drug test him.

    5. Who knows?

    6. The child is likely going to be removed from the home until things get figured out.

    7. If the child was the reason the dad called but if it was for any other reason no.

    I still don't understand how this guy thought doing meth with his wife was a good idea. Holy shit. Meth is probably the worst thing to get addicted to. It's harder to quit than heroin and cocaine combined. Instead of doing that this guy should have filed for divorce when she said she wouldn't do rehab and never should have let her dad back in the house. I hope they give the guy a drug test because he needs just as much rehab as the wife.

    Quote Quoting SMASHSCHAEF
    View Post
    The dad hasn't called however a mutual friend of ours did because of how depressed he has become. Yes it was ridiculous to use just to avoid the lying but as far as I know he has stopped , he made the comment that he was afraid he was gonna end up like doing the things she does. I don't think I mentioned this before call however he is not the biological father and hes not on the birth certificate [ the father line is blank ] And he has not adopted the child so in Texas hes legally not a stepfather, does that change the impact of this case on him? I'm just worried that while our mutual friends action was done out of care/concern that it may have unintended consequences.

    Also I'm not sure if you know anything about this but John said that after he told CPS the situation, the agent he spoke to you said something about making it popularity, he called that something like 7:00 p.m. yesterday what are the odds with the highest "priority" that somebody ends up going out today on Saturday? I'm just curious because He had to leave town for a few days on business-and I'm curious of him not physically present when the case worker arrives, Considering it is a legitimate and verifiable business trip, I doubt he will have any issues with them thinking that he is running, but we want to make sure that he gets to tell his side of the story, do you know how these situations are usually handled? I'm starting to get the feeling the police should have been called instead of CPS Because this affects his Well being more than the kids, As far as I know the child has never been abused and is a happy toddler when I see him- And I find this ironic but I know CPS looks For an unclean living situation yethis girl is on the speed (which SHE 0 IS)
    They'll just get a hold of him when he gets back. He's not been charged with anything or arrested has he? So he can leave town.

    Quote Quoting Mercy&Grace
    View Post
    If they are not legally married, they can't get a divorce. If the man is not the legal or biological father, he can't be made to pay child support or get custody.

    This is ridiculous ! ! It sounds like the OP and the friend the OP is referring to is ingesting something that severely impairs their judgement.
    I believe the OP said they're married but she got pregnant by someone else while married - and somehow didn't put either her husband or the biological dad on the birth certificate.

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