Legal Question in Family Law in Texas
A week ago a case worker from Child Protective Services showed up at our front door due to a complaint that was filed against us by whom we suspect was the lady that lives downstairs. The complaints were basically suspicion of drug use in the home, domestic violence, verbal abuse of the child, and a lot of activity at our apartment late at night. As far as the drug use comes in to play I suspect that our neighbor heard a conversation that took place on our front porch about Marijuana. The topic in general, no admission of using the drug occurred. My husband and I have heard the couple who lives beside us arguing and fighting on numerous occasions. My husband and I have a very good relationship and I am in no way abused by him. Apparently due to this argument that was overheard by our overly nosy neighbor, one of the parties involved had "yelled at the crying child to shut up." As I stated before this was NOT my husband or I. We were fingered for the dispute and have no idea why. The coming and going at our apartment at night is simple. It is not a crime to have company or to stay up late. Our child goes to bed at a reasonable hour and we are quiet enough not to wake him so I don't understand how we could be a nuisance to someone in an apartment downstairs and diagonal from ours. My husband and I agreed to take a drug test on our own free will. The only problem was my husband had smoked marijuana a couple weeks prior to the administering of the test so his results came back positive for THC. My test results were negative. During this drug test I was disrespected, patronized, degraded and humiliated. Now, because my husband turned up positive they are demanding that both of us take another random drug test. My question is, am I legally required to put myself through the humiliation of taking another drug test when I complied with the first one and passed with flying colors? The whole experience of this is completely demoralizing to me. I feel insulted that just because a very bored, nosy neighbor concocted up a story about my family life which she doesn't know the first thing about I am being forced to humiliate myself over and over again.
1 Answer from Attorneys
You have the option of telling CPS to go straight to hell. In other words, "Just say NO."
Unfortunately, these jerks may grab your child, and you'll find yourself entangled in the nightmare of a CPS case. It's like dealing with the Nazi party. And most judges go along with whatever CPS wants.
Somebody smoked a joint. So what? That isn't grounds for child-snatching in Texas.
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