Legal Question in Family Law in Michigan
question about FIA cases
I'm currently in a very difficult situation. I'm being unjustly accused of child abuse, with no evidence what so ever to back up this claim. The social services employee tells me she is dissmisng the case, but she feels there are problems in the house. And that she doesn't think it is a steady environment for the kids. Saying all this I was able to find out that she didn't interview the teachers at the kids school or anyone who knows the children besides the person who made the claim. The person who made the claim is the kids grandmother. (Who hates me) The children even told the social worker that they knew she would becoming because grandmother told them and one of the children said they knew what to say. With all of that, is there any way to get access to the reports or to have someone else review the case? I provided this lady with all the names and numbers of everyone the children have contact with from doctors to dance teachers and no one was contacted to my knowledge. I just feel that her investigation was not an investigation at all. And that her reoprts are her opinion and the accusers alone and that it doen't in any way reflect our current situation. My hope is that there is a way to get a proper investigation.
2 Answers from Attorneys
Re: question about FIA cases
You do need help. I suggest hiring an attorney ASAP. You should not try to address this without an attorney. For more info. please contact me at (248)851-3171.
Re: question about FIA cases
When CPS is contacted an investigation is conducted and a decision is made to either substantiate the allegation or find that the allegation is unsubstantiated. In your question you stated that the CPS worker told you she was dismissing the case. If so, then she must have found the allegation(s) to be unsubstantiated. If she believes that there are other problems in the home she can request to file a petition in the juvenile division of the probate court. If this occurs you will be provided with notice as to when to appear. If you can afford an attorney you should retain one at that time. If you are unable to afford hiring an attorney you can request a court appointed attorney. In most counties, the appointed attorneys are drawn from a pool of excellent attorneys who rotate on the appointment list and when not receiving appointments are being retained for much more money than they will receive as court appointed.
Where are the children? Have they been removed from the home? If so, contact an attorney immediately. If not, then there might not be much to worry about. In either case you may want to consider seeking a consultation with an attorney in person to discuss all of the options available to you. Good luck.
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