child protection services if I move an hour away...?

Question

My brother doesnt want me to move and hates my husband and has said if I ever try to move , he will call cps, have the children taken away and given to him and I will have nothing. Its just a tactic to make me stay in closer proximity to him. What is my recourse as my children overheard this threat, are scared now and I am very uncomfortable that he will carry out his threats.

My husband and I are great parents and we are all a great family ..... I have friends ,neighbors,people in the community ,my childs pediatrician who know that we are good parents. I have 2 professional opinions that it is my mom and now brother who are not good for my kids. Does this hold any weight with cps?

Answer 1

In child custody cases the rights of the parents are given the greatest weight. You have to be a set of very poor parents to lose custody to your brother. This is more likely a bluff, unless you can expect to be brought before court for evil acts that you have done to your children. I am talking major neglect, sexual abuse or some equal crime. Otherwise your brother has no rights to the children.

In fact if both of you were to die the court and CPS would look toward your parents to care for the child, not your brother. In the Catholic faith it is traditional to name a set of god parents to take the children in case of the death of both parents. The god parents have no rights that precede your rights as the biological parents.

However, Child Protective Services (CPS) is nothing to fool around with. They have the power to remove the children from the home and with a court decision this can be made permanent. CPS looks for a major case of abuse or pattern of behavior that is poor. Your brother could try to establish this with CPS. He can get enough evidence (or fabricate enough) to at least call for a court hearing in which case your children will be taken away from you.

If your brother threatens to call CPS on you then you should threaten to deny him any access to your children. In fact you will tell the children that he is dead and you will return any mail or presents he sends and you will insure that the children never see him again. Furthermore you will call CPS and file a counter claim saying that your brother was using drugs in the presence of your children!

You can call CPS and file a complaint with them or you can tell them that your brother is just trying to make you stay close to him, but involving CPS is like running a complex business and asking the IRS to audit you for the last seven years. You don’t want CPS to get involved and if anyone files any complaint then they will investigate and they will ALWAYS assume that abuse has happened. They take the job of protecting the children as their most important function and the rights of the parents aren’t even secondary.

If my brother made a threat like this to me, I would react as if he threatened to steal my car, or to hire someone to beat me up or something similar. The threat of calling CPS is a very serious one and not to be taken lightly.

Answer 2

Family services cannot remove your children without just cause, following that, there would be a court hearing to present evidence. The burden of proof would be on your brother. Family Services do not remove children on a whim, It takes alot of evidence of abuse or neglect for that to happen. If it was found your brother made a false statement, He would be charged with a crime. Simply call the police, Inform them of the threats that were made, Also consider calling family services and informing them of his threats, and how it is affecting the children. File for a restraining order against your brother, and move where ever you wish to live.

Answer 3

The very best solution would be to move out of their home and find a place of your own. If your husband has to drive 2 hours to his school, you should find a place closer to his school, perhaps 1/2 between your work and his school. I can't see any good that comes from squeezing all 3 of you as well as all your belongings into 1 small room. Have your in-laws offered for you to use another bedroom? If so, you should take them up on it. I am assuming that your in-laws do care for your baby sometimes, although you don't mention that. If CPS is called, they will legally have to investigate the report. However, if there is no sign of abuse, neglect, or endangerment then it is unlikely anything will come of it. You need to do whatever it takes to get out of there and move into your own place. Even if your husband has to do part-time school and part-time job to make it work.

Answer 4

Would child protection services FIND a reason to take your children out of you and/or your husband's custody? If not, then who cares what your brother says...Child protection services will investigate your brother's claims. People know the best way to threaten parents is to threaten to harm or take away their children. And child protection services also realizes this. Move if you want/need to move. If there is TRUTH to your brother's allegations for the need of CPS to step in, then he's still an idiot for not calling them regardless of you moving or not.

Answer 5

Well if I were you I'd get that conversationon tape video would be best -

And then I would take it down to the police and to the courts and so forth -

I would even think about putting it on the internet

And make it quite clear that you will not be blackmailed into submission -

I would turn this threat against them in a very lawful manner and in a very legal way be relentless

Consider criminal and civil suits in the near fututre

There has to be a lot of laws broken in this

Just me though -

Answer 6

Have you or your husband done anything illegal or immoral or placed you children in harms way in any way. If the answer is no, then your brother doesn't have a leg to stand on. If he is harrassing you, then you should contact an attorney and get a restraining order to not only protect you, but also your children.

Answer 7

i agree with Mr. Cubed (above) 100%. if you have done nothing wrong, file for a restraining order to protect yourself!!

also, check with the police dept and see if what your brother has done constitutes 'harrassment' in your area. It is only a misdemeanor, but it could help to protect you in the future if he decides to make good on the threat.

Answer 8

and is your brother's business because??....why he doesn't want you to move? you're a grown woman I assume and if you don't neglect your kids, and don't do drugs and don't do anything that could hurt your children , CPS will not intervene, no matter what your brother says.

Answer 9

Wow only in America you here this statements.

Grow up!!!!!!!!!!