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georgia76

Junior Member
What is the name of your state (only U.S. law)? Georgia


Is it legal for a sealed child protective services case to be brought up in a divorce if the case consisted of someone that is not an opposing party in the divorce?

Let me explain a little: When my husband got his divorce in March of this year his ex-wife's attorney brought up a child protective services case of mine that had been sealed for ten years or more. My felony convictions were also brought up and at this time I wasn't even living in the home of the man who is now my husband. I am trying to find out if that is legal and if not what can I do about it?
 


stealth2

Under the Radar Member
If it is possible that you would construe a danger to his kids/ Heck to the the yeah it's legal.
 
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sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Georgia


Is it legal for a sealed child protective services case to be brought up in a divorce if the case consisted of someone that is not an opposing party in the divorce?

Let me explain a little: When my husband got his divorce in March of this year his ex-wife's attorney brought up a child protective services case of mine that had been sealed for ten years or more. My felony convictions were also brought up and at this time I wasn't even living in the home of the man who is now my husband. I am trying to find out if that is legal and if not what can I do about it?

If the information contained within that case file was relevant (such as custody or visitations with your husband's children), then you bet it's legal. It's also expected that the attorney would perform her background check with due diligence in order to protect the interests of those children.
 

Ohiogal

Queen Bee
If the information contained within that case file was relevant (such as custody or visitations with your husband's children), then you bet it's legal. It's also expected that the attorney would perform her background check with due diligence in order to protect the interests of those children.

Re the bolded: WHAT? What background check? What are you talking about?
As for bringing up an old CPS case, it is possible that it could have been kept out if the proper objections were made due to the confidentiality issues. HOWEVER, that doesn't mean it was illegal for it to be admitted.
 

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