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My mother in law keeps calling CPS on us

 
 
Reply Sat 29 Nov, 2008 03:00 pm
What is our right as parents? My mother in law is mentally unstable, and when she gets mad at me or her son she calls CPS. She states that our house is unsanitized, and we don't have any food. She also states to the workers that we don't give our oldest son the care that he needs (he is aspergers). We work very closely with the doctor on his syndrome.
It all starterd when My husband had enough of her when she showed abuse on me in front of our 6 year old daughter. He called the police and had her removed from our home. Shortly after that CPS was called with these allegations. Once again she called. Previous times she has called... once when our son stabbed our couch, (we contacted the doctor right away and they found out he was hallucinating on him meds... so they switched), she also said our house was a pig pit. (cps filed unfounded on the report, case closed) Shortly after that she called and said we had chickens/turkey's and ducks living in our house... our house was unsanitary.(Cps filed unfounded on report, case closed) Now she did this one..... refer back to the top.
When will it ever stop? My husband and I both work for the State and we are getting tired of the calls that she makes. It's getting old... the kids don't need this every year. It's ridiculous. What are my rights? Can't I go after her for defermation of character? False reporting? Anything? This last time they were out it was 3 officers... They said that nothing was found.. they don't see anything wrong.. now 2 months later a CPS worker is coming to my home.. This doesn't make sense. I know I'm jumping all over the place, but I'm fusterated. Any ideas anyone?
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Type: Question • Score: 12 • Views: 23,753 • Replies: 45
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OGIONIK
 
  1  
Reply Sat 29 Nov, 2008 03:04 pm
@mommieof3,
wait wait wait wait.. you mean all u have to do to get officers to come to your house is call and say words?

Can they enter your home without permission? do you give them permission?

you would think the morons quit coming after the 3rd call..

i think you can definitely do something, right? im sure of it that seems totally in violation of the law to me, but i dont know any laws about children..

i mean, if they can give u a ticket for crossing the street in the wrong spot, they better do something about that.
High Seas
 
  1  
Reply Sat 29 Nov, 2008 03:13 pm
@mommieof3,
Hello, Mommie of 3. Here's instructions for what you can do:

Quote:
A person who is a victim of harassment may seek a restraining order from the court. The person or guardian of a minor who is the victim of harassment may seek a restraining order on behalf of the minor.


http://www.letswrap.com/legal/hro.htm
mommieof3
 
  1  
Reply Sat 29 Nov, 2008 03:16 pm
@OGIONIK,
The first two times she called we lived in a different town. This is the first call she has made since we have lived here. The officers have the right to come into your home WITHOUT your permisssion. I just looked that up. I can deny the CPS worker to come in my home. (i just found that out) BUT they will go to the courts and get the proper paperwork... i never denied them access because I have nothing to hide. She is bipolar and can think of some outragous things to say to make it sound like we are horrible parents.
mommieof3
 
  1  
Reply Sat 29 Nov, 2008 03:18 pm
@High Seas,
Does that protect me from her constantly calling CPS?
High Seas
 
  1  
Reply Sat 29 Nov, 2008 03:31 pm
@mommieof3,
Read the instructions on the complete link. The court can order protection for you and your family.
mommieof3
 
  1  
Reply Sat 29 Nov, 2008 03:36 pm
@High Seas,
ok, thank you
0 Replies
 
sylvia chomas
 
  1  
Reply Tue 2 Dec, 2008 09:34 am
@OGIONIK,
cps are not police officers
0 Replies
 
sylvia chomas
 
  1  
Reply Tue 2 Dec, 2008 09:41 am
@mommieof3,
if you can prove its her who is making the calls.she could get in too trouble for making false reports too them,an one would think that after her callin soo many times cps would get hip too the fact that she is only trying too cause trouble.an her aquasation are false. i just would not assicoate with the nut ,nor would i let her know any of my persoal life or what is going on in your house hold.if there finding her reports too be false every time they come out ,an their closing them i do believe you have nothing too worry about. just curious what state are you in iam in michigan
0 Replies
 
sylvia chomas
 
  1  
Reply Tue 2 Dec, 2008 09:50 am
@mommieof3,
oh i missed the part where 3 officer came out.you never have too let an officer in too your home unless they have a search warrant.however if you have nothing too hide gladly let them in an all calls made too a police station are recoded.An yes if she called them an gave a false report she infact is asking for trouble her self.you know what thoough if she is that evil like i said just stay away an avoid her in every manner possible, Karma i dont know if you believe it or not? i do an yes karma does get people like that
0 Replies
 
Bella Dea
 
  2  
Reply Tue 2 Dec, 2008 10:44 am
Perhaps you should talk to your husband and work on getting his mother the help she needs. She sounds like she isn't taking her meds properly and perhaps needs to be institutionalized.

Good luck on this
0 Replies
 
Wy
 
  1  
Reply Thu 4 Dec, 2008 08:03 pm
@OGIONIK,
Yeah, OGI. When anybody (including a child calling about their own parent) calls CPS, they must investigate all claims of child abuse or neglect. Just because the children were not in danger once does not mean they aren't in danger now -- this is a type of situation where the officials cannot take the chance that someone is crying wolf -- the safety of children is their only concern.

Back to the original problem -- It's the mother-in-law that needs some kind of help. If she's diagnosed bipolar, is she on meds? Does she take them as prescribed? What other contact do you have with this woman? Does she ever see your children under pleasant circumstances?
0 Replies
 
babygirlharbour
 
  1  
Reply Fri 16 Jan, 2009 01:21 pm
@mommieof3,
It called the 4th amendment any person has the right to protect their own if a cop comes to your door and it is relation to CPS ask them if they have a warrant if they do not have one and you let them in you wave your rights to search. if a worker comes to your home with a order of removal make sure that it is sign by a judge, because if you don't you have approx 24 hrs to gather evidence together because the time you go to court they will have enough evidence to remove a child. But if your mother in law is mentally ill you might want to get something that proves that she in incapable of making sound decisions. Yes False reporting is a crime CPS and the Police take it very seriously because while they are at your house being tide up the could be somewhere else where there is a real emergency. But be very careful because they can make nothing into something and you end up loosing your kids be on guard. Thats how I lost mine and I am still fighting them.

good luck
0 Replies
 
babygirlharbour
 
  1  
Reply Fri 16 Jan, 2009 01:30 pm
@mommieof3,
you have rights but I believe you can not do anything unless the slander or defamation has caused you to loose your job But as far as CPS goes I would be very careful even though your mother in law is making these calls CPS can one day decide that there is and issue. My children were removed of false allegations and am now facing termination compliments to the ASFA act of 97 it wouldn't hurt to read about it and just prepare yourself just in case. Cps may say nothings wrong now but don't ever turn you back because they are corrupt.

Good Luck
0 Replies
 
babygirlharbour
 
  1  
Reply Fri 16 Jan, 2009 01:35 pm
@mommieof3,
The 4th amendment prevents officers coming into your home without a warrant if you invite them in without a warrant you wave your rights to search which means anything they find can be use against you. The only time they can enter your house without a warrant and without being invited is if a call was made that a crime is taking place or gross endangerment of a child.
0 Replies
 
mommieof3
 
  1  
Reply Fri 30 Jan, 2009 02:20 pm
Ok, they closed that case and called it unfounded. Well that was closed on the 21st of January. On the 28th of January we had another visit from the sherriff stating that they had to do an investigation of possible child neglect. I am a bit pissed about this because we just had the other one closed. Mother in law is mad because we still won't have anything to do with her. She doesn't like that and is trying to gain control over our life. She is mad because we told her daughter that she had to pick up a car of theirs that is on our property and has been on our property for several months otherwise we will sell it. Well she is mad now so she called CPS! What is our rights? This is ridiculous. My husband is about to say screw this and we move. But we don't want to start all over on things. We have seriously thought about it though, just to get away from all the crap she is putting us through. These allegations were very extreme... 1)15 dogs in our home 2)we don't feed our children 3) our kids have no clothes 4)our kids are never bathed... I mean comeon.... My kids eat 2 of their meals at the school, they have more clothes than me and my husband put together, I only have 4 pups, but they are outside dogs only. My kids take showers every day before school... and they take baths on the weekends..... What is our rights? My husband told them that they aren't allowed in our home without a search warrant. I don't know if that was a smart play on his part. Because I don't want it to look like we are hiding anything. This is just aggravating.. do you see what I mean? Does anyone know what we can do at this point?
DrewDad
 
  1  
Reply Fri 30 Jan, 2009 02:49 pm
@mommieof3,
You'd think the police would get tired of being used as a weapon in a domestic dispute.

I'd suggest that you talk to a police ombudsman, and discuss the possibility of charges for "misuse of police resources" or something....
0 Replies
 
FreeDuck
 
  1  
Reply Fri 30 Jan, 2009 03:13 pm
@mommieof3,
I would say that you absolutely do not want to move. If you stay in one place you remain under the jurisdiction of people who, like Drewdad said, will figure out and not like that they are being used to harass you. If you move, you get brand new people who don't know the history. I would talk to the people who come out once they've realized it's unfounded and explain that these complaints are coming from the same person and that it's a personal vendetta. Tell them that you will always cooperate but that they should realize that these are false complaints.

Speaking of which... it's probably against the law to make false complaints, and if she pisses them off enough by wasting their time, they might just charge her.

Sit tight. Get these folks on your side.
0 Replies
 
mommieof3
 
  1  
Reply Sat 31 Jan, 2009 07:41 pm
It's hard just sitting here and do nothing, but we think if we move then she can't call on us, because she wouldn't be able to find out where we live. I am just tired of it, It's at the point where I don't even want to open my door at home when I hear a knock. My husband told me to tell them that I don't want them in my home without my attorney present, or without my husband present. I have never neglected my kids. The previous cases were all unfounded. I have explained to the workers that this is his mother doing this to try and gain control over us. It's her way to say that if we don't do as she wishes then she will make our life a living hell. They told us... well everytime there is a complaint made we will be out to visit with you. Well to me there shouldn't be a visit, because the allegations were false, so therefore there is no reason for a visit. I understand (because of my line of work) where there might be just that one time that they ignore the call. But I mean comeon.... this is ridiculous. I don't even want my kids to have friends over because I don't want their friends here if they were to show up. It's almost like I am living my life walking on egg shells, well I shouldn't be walking on egg shells. We are just tired of all of it. They tell us that they are on our side, but I know that they aren't if they don't listen to us. They just listen to the negitive aspect of things. I just don't know how much more I can take of this. When we got married I didn't think my life would be like this, now I guess when they say you just don't marry your husband you also marry his mother is true!
DrewDad
 
  1  
Reply Sat 31 Jan, 2009 10:19 pm
@mommieof3,
There's always the civil court to redress grievances. I suggest you consult an attorney.
 

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