In our prior post, we began to tell a story about the other side of child custody that some parents face. While the right to parent is one that is highly protected, there are times when the state steps in to protect the best interests of the child. However, in this story, Child Protective Services failed in their endeavor.

Admitting that there was no reason to believe that the 3-year-old girl had been neglected or abused by her parents, CPS took her from their care anyways after learning that the parents had participated in recreational drug use.

While in Foster care, the girl was not only given a psychotropic drug considered dangerous for children under the age of 10 by the FDA, but there was evidence of other abuse and neglect while in foster care and a failure of CPS to respond.

According to the parents, there was a failure to notify the parents about the medical treatment concerning their little girl. After two months without contact, the parents were finally able to see their little girl who they say had turned from bubbly and interactive to lethargic and emaciated. She was drooling in a weird manner and played a "writing prescriptions" game. Other allegations of abuse included extreme diaper rash.

The court eventually gave the child back to the parents and dismissed the request to terminate their parental rights, but the parents feel that damage has already been done.

Simply because CPS or other state agency accuses a parent of neglect certainly does not mean that it is true. The best interests of your child often mean fighting for custody when it is challenged. Parents have the right to seek the assistance of a family law attorney who can help show the court the truth.

Source: My Fox, "3-year-old in CPS' care overprescribed psychotropic drugs," Randy Wallace, May 16, 2012