my daughter and her x-boyfriend what can we do, and are our rights violated
By cowdon
@cowdon (17)
United States
January 29, 2010 3:24pm CST
yesterday child welfare came to my house, somebody anonymously called them and accused me and my wife of being drug dealers. they told her we would have to take a drug test and preceeded to ask her and my granddaughter, who we have custody of, questions. when i arrived home a called them and they said this is how they investigate. And the quickest way to determine if we are users is to take a drug test.
question one is-I thought we were inocent until proven quilty. In this case i have to prove i am inocent with the only evidence being a phone call.
question two is-why are there no reprocutions for those who falsely accuse the inocent and for those who cry wolf.
question three-would be are my rights being violated.
we dont use drugs and are co-operating with child welfare, but we arent happy.
we think that our daughters x-boyfriend is the cause, because she is pressing charges against him for assult and child endangerment.
1 person likes this
5 responses
@Markrmorris2 (44)
• United States
29 Jan 10
Most of these questions should be answered by an attorney. The simple answer is yes your rights are being violated on a common sense level. Legally, depends on your area and would need the advice of an expert. Morally and etchically it is irrelevant. They have the power and by the time you can organize to "fight city hall" so to speak they will have your children in protective custody because your refusal to cooperate will open up other options and obligations on their part. There are stories of incidents like this dragging on for years. If you truly have nothing to hide the best thing to do is cooperate. I would however find an attorney that would be willing to give you an initial consultation.
@cowdon (17)
• United States
30 Jan 10
markrmorris2 hello and thanks for you input. I have called my attorney and i am waiting for a response. I will cooperate but that doesnt make it right. Hopefully this can be changed and those who falsely accuse will be punished. I do understand where child services is coming from. we need to protect our childred. But in this situatiion it is obvious that it is retalitory, and if they got rid of the anonymous phone call, keep names only for investigative reasons, dont give the names out to the public, and if the finding show no cause, then prosecute, for if nothing else wasting time and money. If there was a concerned citizen who sees something wrong and wants to report it. that is a diff. story.although a name should still be taken incase its a hoax. People should be accountable thanks again for your input.
@newtalent (1112)
• United States
14 Feb 10
It sounds like you are in a civil case which they basically have to show the preponderance of the evidence ( the allegation or lack of co-operation by you) and not a criminal case which is characterized without a shadow of a doubt and an arrest. If its proven that this was maliciously reported and they can prove it they will be charged because they are using valuable resources that could help some in real need. I believe you can also take your civil action against the reporter if it is found who it is and most attorneys can get this information since calls are recorded and stored for prosecution or used at a later date with proper paperwork. Check with your local law enforcement, attorney, for legal advice on this delicate matter that specialize in these cases. I would seek legal counsel that is educated in these procedures to not compromise your situation or legal standing and not a forum for it. I wish you the best of luck and seek professional advice.
@cowdon (17)
• United States
15 Feb 10
thanks for your input, alot of good info. I am talking to my lawyer about this, nothing to tell yet whats going to happen. I told them i would comply, this was on feb. 5, have not heard back from them,child services, since. when and if anything happens I will update thanks again.
@agmp26 (21)
• Philippines
31 Jan 10
This seems tough to answer as I'm not a legal adviser myself. The best thing you can do is consult your lawyer about it. This is a serious case which should be dealt with seriously. It's hard when you're in this kind of situation. Being accused of the things you think you didn't do is not a joke. So, consult your lawyer. S/he is the best source of advice for this matter.
@ziyadahinc212 (552)
• United States
30 Jan 10
The people who give "anonymous tips" call into a phone line that ISN'T traced by the police and/or government agency called. As to your RIGHTS YES, they have been violated to a degree. Child Welfare ISN'T the ones who should have responded first, that SHOULD HAVE BEEN THE POLICE who then call Child Welfare upon finding "EVIDENCE of a CRIME being COMMITTED! This EX-B/F of your daughter's has a lot to do with this problem I believe U are have now...100%.
@cowdon (17)
• United States
30 Jan 10
thank-you so much for your input. Yes, that is a better way to handle the matter, and i'm sure there are others ways also. the problem is where to we go from here to get new laws passed so those with nothing better to do or those who retaliate get whats comming to them. thanks again.
@saphrina (31551)
• South Africa
30 Jan 10
This is nasty business. Really, if you can only get to him and slap some sense into him. What was he thinking? Does he have any idea what he did? I am sorry to say, but this will not end, even if you are innocent. Child welfare can be very unpredictable, sometimes. When all this is over, i think you should sew the living s****t out of him. Excuse the language, but that kind of people can actually destroy your life. Please keep us updated and Good luck to all of you.
@cowdon (17)
• United States
30 Jan 10
thank you, somebody who sees it for what it is. unfortunatly since 911 there are no tolerence for violence or i would have settled this long ago. The few times i called him out he hid in the house and wouldnt come out. I'm 46,about 150 lbs. He is 24 and about 250 lbs. and a coward.people usually dont think about what they have done and what they have caused. they think about themselves and thats it. He complains about seeing his son, then he lets his grandmother, who he lives with watch the child. the loser never got his license to drive and has no job.someday i know he will get his. carma alway comes back, Hopefully three fold. thanks again.
