Legal Question in Family Law in California

Father/Children's Rights

I have been divorced for a little over a year now. My former wife alleged that I sexually abuse my girls. It was found that I did not. I am �head of household.� We currently have 50/50 custody (legal and physical) and we were on a week on/week off arrangement. My wife was angered by something that happened, called her therapist and now CPS has requested that I have no contact with my children during this investigation. CPS was notified that we settled the dispute by using another Therapist. CPS=nothing. I haven�t seen or been able to talk with my children for over three weeks. No information is fore coming and even my ex-wife can�t get any information from CPS. Can I force CPS hand by exercising my parental rights? �By taking them for my time or do I just forget about it and hope that my girls forgive me for doing nothing? Generally, we know that whatever the claim was to CPS, there isn�t anything to investigate. What do I do?


Asked on 11/25/01, 12:46 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Father/Children's Rights

The suggestion of CPS is not a court order, so you are not prohibited from seeing your children. To be on the safe side, I would write CPS, fax and phone, and listing your attempts to contact them and advise them that unless you have heard from them otherwise you will resume your normal child sharing schedule, giving them a reasonable time to respond. Good Luck, Pat McCrary

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Answered on 11/26/01, 10:05 am


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