Legal Question in Family Law in North Carolina

Can cps in Lexington nc after taking kids from drug addicted parents refuse to give custody to grand mother saying that she smokes weed without them ever giving the grandmother a drug test and they told the parents of the kids the grandmother could not take custody because she smoked weed it looks like that would be defamation or slander because the grandmother can pass drug test and does not do any drugs the kids where places in foster care and this has caused a great deal of emotional pain


Asked on 5/17/17, 5:27 am

1 Answer from Attorneys

CPS is staffed with people that more often than not are unpredictable and do and say idiotic things - that said, they likely do have the power to deny grandma custody. It'd be up to grandma and other family members to try and convince a judge to put CPS in their place. As to whether them saying grandma smokes weed is slander or libel depends on two things: 1) whether grandma smokes weed. Truth is an absolute defense so if they can show a record where grandma ever got pinched for weed - there's likely no slander case and 2) whether you can prove grandma doesn't smoke weed and likely that they knew or should have known grandma doesn't smoke weed - that last part is really hard tp prove.

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Answered on 5/18/17, 4:55 am


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