My wife and I are getting divorced. She is trying to show the courts that I’m abusive, which is entirely false, in order to deny me my parental rights. She opened a DSS investigation regarding our children’s behavior and tried to claim it was my doing. DSS conducted their investigation and all accusations were discovered to be ‘unfounded.’ What does that mean for me? She risked having our children taken into CPS based on lies so she could discredit and hurt my reputation in the courts. Are there any repercussions or anything I can do?
First of all, where’s your attorney? You need a guardian ad litem. You and your wife have to pay for it, but a GAL can get to the bottom of the allegations and testify in court as to the findings.
Where’s Dexter when you need him?
CPS doesn’t reveal who filed a complaint in order to allow people/family/community to report without the repercussion of retaliation (domestic violence, dangerous neighbors, family members, etc.) as children are kept safer that way so I’m somewhat confused here. I’m guessing it’s a bait post.
@Talon
CPS isn’t supposed to. My sister has had several calls on her. They’ve told her every single time who it was, even when it was left anonymous they would give phone numbers or any revealing information they could.
This is a serious situation that could significantly impact your divorce and custody proceedings. Let me explain what this means and what you can do.
An ‘unfounded’ determination from DSS is actually very significant - it means they investigated and found no evidence to support the accusations. This isn’t just a lack of proof; it’s an official finding that the claims were baseless.
Document everything related to this false report. The fact that your wife willingly filed false accusations with DSS could be viewed as parental alienation and acting in bad faith, which courts take very seriously. This could actually harm her position in custody proceedings.
Your immediate steps should involve getting copies of all DSS investigation documents and findings, informing your divorce attorney immediately, and keeping all communications with your wife in writing. Make sure to document any other attempts at parental alienation and consider filing for a modification of any temporary custody orders.
Making false reports to DSS can have legal consequences. Some jurisdictions consider false reporting to child protective services a criminal offense. Additionally, courts often view such actions as evidence that the reporting parent is not acting in the children’s best interest.
Most importantly, consult with your attorney about filing a motion to address this in your divorce proceedings. This behavior could significantly influence custody arrangements, as courts prioritize parents who support healthy relationships with both parents.
Stay calm and let the legal process work. False accusations are frustrating, but responding professionally strengthens your position in court. Remember that the unfounded DSS report could actually help your case by demonstrating your ex-wife’s willingness to make false allegations.
@Lucas
Except CPS doesn’t reveal who filed a complaint in order to allow people to report without repercussion of retaliation (domestic violence, dangerous neighbors, family members, etc.) as children are kept safer that way so… somewhat confused here. I’m guessing it’s a bait post.
Just got through with a divorce like this. This is good, trust me.
Try your best to remain amicable, reasonable. Paper trail, screenshot if not available, every instance of her being unreasonable. If she keeps up the Karen act, the court is gonna get sick of her. Might even have a case for countersuit. Here in Missouri, it’s called ‘Abuse of Process’. Basically, they keep throwing any old shit at the wall hoping something will stick because they can. Courts see through them pretty quick.
In the meantime, REMAIN. ABOVE. REPROACH. No scandals, no side chick, no driving drunk, nothing. Keep your nose squeaky clean until it all blows over.
Good luck.
Just be glad DSS saw through her bullshit and file for temporary custody orders ASAP.
Petition for emergency custody due to her mental instability.
Happens alllll the time and no, you can’t do anything unfortunately.
Went through the same stuff with my ex.
Get a lawyer obviously, but I would ask the court to kick the whole shooting show down to social services to have everyone investigated and have everyone get psych evaluations. It will cost a fortune (it’s like 10k per 1/2hr psych evaluation. So, multiply that by pretty much whatever you want) and everything will come out of her settlement when it’s time to finalize. If she doesn’t want to play nice, fine. Now she gets nothing except debt because it all gets blown on bullshit accusations and the parenting plan will still end up being the same anyways. If my attorney didn’t want to go that route because it was too much work or he just didn’t like the idea, I’d fire him and get the one who will.
I don’t know why so many people insist on going full retard when they play these games. The kids don’t deserve having to live in the middle of all that animosity and it never makes a difference in the end anyway. All it does is drag things out and it puts everything you’ve worked for into the hands of attorneys and court fees instead of money that could be used starting your new life. Even if this thing ends up having to go to trial, no judge is going to look at what she did and decide to give her more custody because of it.
@Cai
Totally agree. The only ones that come out ahead are the attorneys, who are being paid hourly. Everyone else just loses their life savings on fighting only so they can be told by a court to get along and act like decent humans. I recommend acting like human beings to begin with, but it’s hard when you’re going through a divorce. Plus, your ex definitely is an AH, and it’s definitely worth $50,000 to prove your point in court.
Get with a good lawyer.
I went through all of it, some you can prove others will be damaging regardless of the truth. Definitely fight back.
I’m sure you could sue for slander and such, but it would be a different area of court.
And I’d show via CPS paperwork what your ex did. Keep a paper trail. Not digital. Unless it’s a court app. Judges love that stuff.
Unfortunately not. After the 3rd or 4th time, the court might lose a little patience with her. No actual consequences to her.
You definitely need a lawyer. She’s already shown she’ll do anything to win; you need to build up your bench.
You also need to, eventually, get to a point where you can co-parent amicably. Not for her (she’s a snake), but for your kids.
They wouldn’t take the kids; also, they would get them to mom with emergency custody, which maybe is what she wanted.
Unfounded means they didn’t believe or find any evidence of abuse. You can request the report for court too, plus it might have the number on the report from who called, but no name.