Legal Question in Family Law in Arizona

Can unsubstantiated allegations of abuse be used against us by CPS?

My wife is in a custody battle involving CPS. She lost custody of her son 4 years ago due to unsubstantiated allegations of child abuse, and was convicted of Failure to Protect (class 6 undesignated). She completed her sentence. Her son's father was recently charged with child neglect, and the minor was placed out of state. However, her caseworker has already said that he is planning on asking for a continuance in order to allow the father to complete his case plan. From what has been said in court so far, Dad has very little of his caseplan complete, while my wife's is 99% complete. Her caseworker's reasoning behind placing him back with dad is due to unsubstantiated allegations of child abuse from the original case 4 years ago.

My primary question is this : Can CPS still hold this against her?


Asked on 2/19/02, 6:23 am

1 Answer from Attorneys
Rich Peters R. J. Peters & Assoc., P.C.

Re: Can unsubstantiated allegations of abuse be used against us by CPS?

The CPS Caseworkers are entitled to take whatever position they believe is in the best interests of the minor child. However, each parent has the absolute right to attempt to convince the Judge otherwise.

If you would like additional assistance in this matter, please let us know. Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 2/19/02, 6:15 pm


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