I am often asked as an Albany Family Law Attorney if you can bring up a false CPS report in court. You can bring it up in court, however, it’s important for you to understand that once a Child Protective Services Report is unfounded, you cannot subpoena those records and evidence of an unfounded hotline report cannot be introduced in a trial. I advise clients as an Albany Family Law Attorney that you can bring up the circumstances of the investigation, and you yourself can testify to anything that you experienced or witnessed, and we can question your acts on the facts involving the investigation. However, we can’t rely on that caseworker coming to testify for you in your custody case once the report is unfounded.
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If you are concerned about your ex bringing up false CPS reports in court, contact our experienced Albany Family Law Attorneys.
This informational blog post was provided by Jennifer Sunderlin Morton, an experienced Albany Family Law Attorney.
