Legal Question in Family Law in Virginia

Youl should consult and/or hire an attorney asap. Your rights can't be protected in an online legal forum. Good luck.

CPS can interview and tape your children without your consent and outside your presence.

They cannot tap your phone without a search warrant; if they tell you they are recording the call, they can tape record a telephone conversation with you.

If you are the alleged abuser, they are required to advise you of the nature of the complaint, and to listen to your response.

The fact that the child said he lied is only one factor. Sometimes children change their stories due to family pressure.

If CPS believes there is a good reason, they can remove the child from your home before getting a court order. If they do, they are required to go to court within 72 hours of the removal and present their case to the court. You may request to appear and be heard at that hearing, and to be represented by a lawyer. If you are not able to afford an attorney, you can request at that time that an attorney be appointed to represent you, and, if you meet the court guidelines, you can have one appointed.

If you can afford a lawyer, it would make sense for you to contact one now and let him or her know what is going on. If not, your best course of action may be to continue frequent communication with you CPS worker. You do not need to admit that you have abused your child to work with the CPS worker to devise a "safety plan" that will allow the child to remain in your home until the investigation is completed. You may be able to avoid going to court altogether.