Why should I hire a CPS attorney?

How are cases reported to CPS?

Everyone has a legal obligation to report suspected child abuse or neglect. Child Protective Services (CPS) is part of a state agency, the Texas Department of Family and Protective Services. The sole purpose of CPS is to investigate reports of child abuse or neglect. By law, the person making the report must remain anonymous. Doctors, lawyers, therapists, and clergy are legally required to file a report if they suspect child abuse or neglect. 

Can CPS take my child?

YES. If CPS investigates a report and believes the child is in danger, it can remove the child from the unsafe environment. An unsafe environment may involve physical violence towards the child or another member of the household or sexual contact with a child. It can also involve neglect, such as not providing enough food or medical care for the child or leaving the child without proper supervision. The environment is also considered unsafe for the child if members of the child's household are using illegal drugs or if firearms in the home are unlocked and away from the child. 

What happens after the separation?

CPS will notify the child's parents in writing and provide all documents filed with the court. The documents will include a written statement from the investigator stating the reasons for the removal. A court hearing will be held within 14 days. At that time, the judge will decide if the child should be returned home, stay with a friend or relative, or remain in CPS custody (foster care). If the judge decides not to return the child, CPS will develop a service plan with her input, which lists the steps she needs to take to address CPS's safety concerns about the child. The Plan may also require you to attend parenting or anger management classes, complete a drug or alcohol rehabilitation program, submit to random drug testing and other requirements. Because the court requires you to comply with the Plan, failure to do so will delay or prevent your child's return. 

Why should I hire a CPS attorney?

If you are being investigated by CPS or a Department of Social Services (DSS) with the child care responsibilities amendment, you need legal representation today. Your attorney can help defend you against a child protection lawsuit. It is preferable to hire an attorney experienced in child protection cases. Your attorney will defend you against the claims made against you and help protect your parental rights.

Your child protective services attorney can:

• Prepare or file any paperwork on your behalf
• Explain the complaints filed against you
• Provide the necessary skill and experience to protect your family
• Guide you through each step of this stressful process
• Explain the entire process of protecting minors
• Describe the options available to you along with the strengths and weaknesses of each
• Provide your point of view on the most likely outcome for your case
• Create a plan to defend your rights

If you are faced with the need to defend yourself against a child protective services investigation or lawsuit, contact an experienced attorney to help you with any child services matter that may arise.

The best interest of the child

Courts consider the following factors to determine the best interests of children when grandparents request visitation:

• The child's needs, including considerations for his or her physical and emotional health, safety, and emotional well-being.
• The ability of parents and grandparents to meet the needs of the child.
• The wishes of parents and grandparents.
• The wishes of the child, if he is capable of making decisions for himself.
• The strength and duration of the relationship between the grandparents and the grandchild.
• Evidence of abuse or neglect by parents and grandparents.
• Evidence of drug and alcohol use by parents and grandparents.
• The child's adjustment to his or her home, school, or community.
• The ability of parents and grandparents to give love and affection to the child.
• The distance between the child and his parents and grandparents.

Parents' opinions weigh heavily in defining what is in the best interests of children.

When you can go against the wishes of the parents

If the parents are able to take care of their children, their decisions will carry great weight and, therefore, it will be difficult for the courts to go against their opposition to their children seeing the grandparents.

However, things change when parents are not in a position to make decisions about the upbringing of their children. In these cases, your views will have less weight in deciding what is in the best interests of the children. An example would be a father who is addicted to drugs or who has neglected or abused his children.