Katy Texas CPS Lawyers
We FIGHT TO win CPS REMOVALS & ABUSE FINDINGSNick Davis Law’s experienced child protective services (CPS) defense attorneys in Fort Bend County can assist parents in protecting their parental rights to their children from removal by CPS and in contesting CPS findings of “reason to believe” in Fort Bend, Harris, Montgomery, Brazoria, Brazos, Grimes, Waller, and surrounding counties.
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Child Protective Services (CPS) Defense Lawyers in Houston, Katy, Texas
Relentless Defense Against CPS Investigations & Removals in Houston, Katy, Fort Bend | Harris Counties
An investigation by Child Protective Services (CPS) is very certainly the most distressing thing that can happen to a parent in the context of family law. The sensations of complete and utter powerlessness and terror cannot be exaggerated in any way. There should be no doubt in your mind that if CPS is investigating your life, there is a distinct risk that your parental rights and the well-being of your children are in jeopardy. In order to be successful in a case involving Child Protective Services (CPS) in the counties of Fort Bend, Montgomery, Harris, Grimes, Waller, Walker, Brazos, or Washington, or any of the adjacent counties, you need to work with an experienced CPS attorney. It is not sufficient to merely employ any Family Law attorney as your representation. For the highest level of protection, you need an attorney who has experience working on difficult child protective services and even criminal cases. Cases involving the Child Protective Services (CPS) include not just family law but also criminal law and carry severe repercussions if they are not managed correctly. Prior to handling largely matters involving family law, the CPS Lawyers of Nick Davis Law performed criminal defense in big Texas counties. They are able to put their expertise and experience to use in your CPS investigation because of this background.
Our Katy, Texas CPS Lawyers are able to assist you if Child Protective Services is conducting an investigation against you or a member of your family in the counties of Fort Bend, Montgomery, Harris, Walker, Fort Bend, or any of the neighboring counties.
I beg you not to make your situation much more difficult by attempting to solve it on your own or “talk your way out of it.” In real life, people have a tendency to find what they are looking for, and in a child protective services investigation, the investigator is looking for signs of “abuse” or “neglect,” and they tend to find it because it is very easy to make even the most harmless or innocent set of facts or circumstances appear questionable. In other words, people tend to find what they are looking for.
Nick Davis Law gives all potential clients in need of CPS Defense a free case evaluation over the phone or through a video conference, in addition to providing flexible payment options. Please get in touch with our office by calling (281) 528-2400.
Can CPS Really Remove My Children?
The simple response to that question is “yes.” CPS has the right to remove your children and is largely exempt from accountability if it is subsequently discovered that they removed the children without a clear indication that the children were in urgent danger when they did so. In theory, Child Protective Services should only remove children when there is evidence of some form of abuse or neglect, and when there are no other options to keep the children in the house or place them with another relative. In practice, however, CPS frequently removes children for reasons that are unrelated to the existence of abuse or neglect. To make matters even more unsettling, Child Protective Services has the authority to take your children away solely on the basis of the investigator’s assessment, even in the absence of a court order.
What Happens After CPS Takes My Children?
If a Child Protective Services Investigator removes your children without a Safety Plan that has been executed by you, then a hearing will be scheduled in the Courthouse in the County where you live within 14 days of the date that CPS removed the child. This hearing will take place within 14 days of the date that CPS removed the child (the “14 Day Hearing”). This initiates a legal action that will be taken against you and must be concluded within one year.
You will have the opportunity to engage into a placement arrangement (Temporary Order) with CPS or to fight the removal at the hearing that will take place after 14 days have passed.
If you decide to make a deal with Kid Protective Services (CPS), they will be granted Temporary Conservatorship Rights over the child, and you will have extremely limited rights to see or communicate with the child.
Depending on the claims that have been made against you and the county in which you live, you may be prevented from having any contact with the children at all, or you may be allowed to visit them just once per week or once every two weeks at most.
It’s possible that there are valid reasons to reach a settlement with CPS during this 14-day hearing; nevertheless, doing so ought to be saved for the most dire of circumstances.
You should not be under any illusions; your greatest hope of getting your children back and putting an end to this horror is to prevail at the 14-day hearing, which requires you to dispute the removal of your children from your care.
Nick Davis Law in Katy, Texas is home to seasoned attorneys that practice in the area of child protective services. These attorneys will examine the claims and known facts in your case, and they will assist you in determining which course of action is in your best interest.
Despite this, the recommendation that will be given in the vast majority of situations is to fight the hearing because there is generally very little to lose.
This is due to the fact that CPS will not agree to strike a settlement with you that is significantly different from the conclusion that you will obtain if you dispute and lose the 14 Day Hearing very often.
In point of fact, the CPS will frequently attempt to coerce you into consenting to conditions that are much worse than those that a judge will impose after hearing the evidence presented during the 14-day hearing.
What to Do if CPS finds “Reason to Believe” Abuse or Neglect Occurred in an Investigation Report?
Even if your kid was not removed from your home and even if your case did not require court-ordered treatment or even a safety plan, the Child Protective Services (CPS) will send you a letter detailing the findings of their inquiry once the investigation has been completed. This letter is incredibly significant in many ways. Each accusation of child abuse or neglect will result in either one or three findings from CPS. The following are the findings:
1) Ruled Out,
2) Unable to Determine, or
3) Reason to Believe.
You do not need to be concerned about the inquiry any more if your letter contains the finding “Ruled Out” or “Unable to Determine.” These two discoveries won’t have any negative effect on your life at all. Nevertheless, if the Department makes a finding of “Reason to Believe,” you have to take steps to appeal the decision within forty-five days of the date the letter was sent to you in order to do so. In the event that you fail to comply with this requirement, the finding of Reason to Believe will be added to your record and may be discovered via a background check. This finding will come to light if you have a job that involves working with children in any capacity, such as teaching, counseling, being a medical professional, or providing any kind of child care, and it will make it extremely unlikely that you will be able to gain or keep that job in the future. Furthermore, if you come into contact with CPS again for any reason, this discovery will come back to the surface and cause issues for you. For instance, perhaps 20 to 30 years from now, your grandchildren may require assistance in a case involving CPS, and you may be prevented from obtaining placement of your grandchildren as a result of the finding of Reason to Believe in your background. In this scenario, your grandchildren may be placed with another family.
Nick Davis Law offers all prospective CPS Appeals of the Department of Family and Protective Services (CPS) findings clients a Free Case Evaluation by phone or virtual conference as well as payment plans. Contact our office at (281) 528-2400 to learn how our CPS Lawyers can help with your Appeal.
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Is CPS trying to investigate you or a loved one for suspected abuse/neglect? Have your children been removed? If you have found yourself in the midst of a CPS investigation in the Fort Bend, Harris County region of Texas the CPS Defense Lawyers at Nick Davis Law can help develop a plan to move forward. At Nick Davis Law our Katy, Texas CPS Defense Lawyers are ready to answer your questions and help you develop a strategy to fight the charges in your unique CPS investigation.
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CPS Adversarial Removal Hearing in Texas, What Parents Need to Know
If you are a parent in Texas and you find yourself in a situation where CPS (Child Protective Services) has taken possession of your child or children, it can be a terrifying and overwhelming experience. You may feel like you have lost control of your life and that there is nothing you can do to get your child back. However, it is important to remember that you have legal rights as a parent and that there are steps you can take to try to regain custody of your child.
One of the first things you should do is seek out legal representation. An experienced Harris | Fort Bend County CPS defense lawyer will be able to advise you on your rights and help you navigate the complex legal system. They can also help you understand the specific laws and regulations that apply to your case and how to use them to your advantage.
It is also important to understand that CPS has a strict process they must follow in order to take possession of a child. First, they must have probable cause to believe that the child is in danger of abuse or neglect. This means that they must have specific, concrete evidence that the child is at risk. If CPS does not have probable cause, they cannot legally take possession of your child. However, they often will try to “get one foot in the door” by requesting you to sign a safety plan and perhaps do a few services. If you sign this, you could have just opened the door to CPS involvement that otherwise couldn’t have continued.
However, if CPS does have probable cause, they will then file a petition with the court stating their reasons for taking possession of the child. You will have the opportunity to respond to the petition and present your side of the story to the judge. This is where having a skilled CPS defense lawyer can be invaluable, as they will know how to present your case in the most favorable light and refute any false or misleading information presented by CPS.
If the judge determines that there is sufficient evidence to support CPS’s claim that the child is in danger, they will issue an order granting CPS temporary possession of the child. This means that the child will be placed in foster care or with a relative while the case is ongoing.
If CPS has temporary possession of your child, it is important to understand that you still have certain rights as a parent. You have the right to visit your child, as long as it is deemed safe and appropriate by CPS. You also have the right to be involved in any decisions regarding your child’s care, such as where they will be placed, what medical treatment they will receive, and any other matters related to their well-being.
During this time, it is important to work closely with your experienced Fort Bend | Harris County CPS defense lawyer like those at Nick Davis Law in Katy, TX and follow any recommendations they may have. This may include attending parenting classes or counseling, undergoing drug or alcohol treatment, or making any other changes to your home or lifestyle that are deemed necessary by CPS.
CPS Adversarial Removal Hearing in Texas, What Parents Need to Know
Under Texas law, parents whose children have been removed from their homes by Child Protective Services (CPS) are entitled to an 14-day removal hearing. During this adversarial process, the parent or legal guardian will be able to present evidence and arguments as to why their child should not remain in CPS custody.
The Purpose of the Removal Hearing
The purpose of the 14-day removal hearing is to determine if the conditions that led to CPS removing your child from your home still exist and if it is in the best interest of your child for them to remain in CPS custody or be returned home. At this hearing, the court will consider evidence presented by both parties (CPS and parents/guardians) to make a decision based on Texas law that is determined to be in the best interest of the child to protect their safety.
How Can Parents Prepare for a 14-day Removal Hearing?
When preparing for a 14-day removal hearing, there are several important steps that you as a parent or guardian must take in order to ensure your rights are protected and that you have the best chance of success. It is important that you understand the legal process involved in this hearing and all relevant laws related to it. This can be accomplished by doing research online or speaking with an experienced Houston | Katy family law attorney who focuses a significant portion of their practice in CPS cases and even criminal defense as the two are often intertwined. Additionally, it is essential that you prepare a strong case for why your child should not remain in CPS custody; this includes the following:
1. Gather evidence and documents to support your case, such as medical records, school records, and witness statements.
As a parent, one of the most important things you can do to prepare for a CPS 14-day removal hearing is to gather evidence and documents that support your case. This includes medical records, school records, and witness statements that can help to demonstrate your fitness as a parent and your commitment to the well-being of your children.
Medical records can be especially helpful in a CPS case, as they can provide evidence of any medical conditions or treatments your children may have received. This can be important if CPS has raised concerns about your ability to care for your children due to a medical condition you or your child may have.
School records can also be useful in a CPS case, as they can provide evidence of your children’s academic progress and attendance. This can be particularly important if CPS has raised concerns about your children’s education or school attendance.
Finally, witness statements can be a powerful tool in a CPS case, as they can provide firsthand accounts of your parenting and the care you provide for your children. These statements can come from a variety of sources, including family members, friends, teachers, and other community members who have observed your parenting firsthand.
In order to make the most of these types of evidence and documents, it is important to be organized and to gather them as soon as possible. This will allow you to present a clear and compelling case at your 14-day removal hearing, and to demonstrate to the court that your children are well-cared for and safe in your care.
Finally, it is important to remember that during the hearing itself, emotions will run high and it is imperative for parents to remain calm and composed at all times. Taking a deep breath, counting to ten, and speaking clearly can help you remain focused on the task at hand.
2. Being prepared to present a plan for addressing any issues that may have led to the removal of your child, such as seeking counseling or enrolling in parenting classes
If you are facing a CPS 14-day removal hearing, it is essential to be prepared to present a plan for addressing any issues that may have led to the removal of your child. This may include seeking counseling or enrolling in parenting classes. By demonstrating to the court that you are taking proactive steps to address any concerns, you will be showing that you are committed to the well-being and safety of your child.Gathering evidence and documents to support your case is also crucial. This may include medical records, school records, and witness statements. By presenting a strong and thorough case, you will be able to give the court confidence in your ability to provide a safe and nurturing environment for your child.
It is also important to be prepared to address any challenges or obstacles that may arise during the hearing. This may include questions or concerns about your past behavior or your current situation. By being honest and transparent, and by showing that you are willing to take steps to address any issues, you will be demonstrating to the court your commitment to your child and your willingness to do what is necessary to provide a safe and loving home.
In conclusion, being prepared for a CPS 14-day removal hearing requires gathering evidence and documents to support your case, being prepared to present a plan for addressing any issues that may have led to the removal of your child, and being prepared to address any challenges or obstacles that may arise during the hearing. By following these steps, you will be well-equipped to present a strong and compelling case to the court and to demonstrate your commitment to your child and their well-being.
3. Consider enlisting the help of a family member or trusted friend to provide a safe and stable home for your child if they are unable to return to your care
It is essential to have a plan in place to address any issues that may have led to the removal. One potential solution is to enlist the help of a family member or trusted friend who can provide a safe and stable home for your child in the event that they are unable to return to your care.
Before making this decision, it is important to carefully consider the individual’s ability to provide a nurturing and supportive environment for your child. They should be willing and able to provide for your child’s basic needs, including food, shelter, and medical care, as well as being able to provide emotional support and guidance. Additionally, it is best to select family members that do not have prior cps history or a criminal record or any prior documented problems with drugs or alcohol.
It is also crucial to consider any potential challenges that may arise, such as the distance between the temporary caregiver’s home and your own, and the potential impact on your child’s education and social life. It may be helpful to have open and honest discussions with the potential caregiver about their availability and willingness to take on this responsibility, as well as discussing any potential concerns or issues that may arise.
Ultimately, the goal is to ensure that your child is in a safe and stable environment while you work on addressing any issues that led to the removal and building a strong foundation for reunification. Enlisting the help of a trusted family member or friend can be a valuable resource in this process, but it is important to carefully weigh the pros and cons and make a decision that is in the best interest of your child.
Faq
CPS Investigations & Removals
Why is CPS Investigating Me?
Someone has filed a report with Child Protective Services (CPS) alleging that you may have neglected or abused your children in some way. In today’s world, contrary to the widespread notion, it is shockingly simple to find oneself in the middle of a Child Protective Services investigation. Even insignificant behavior or incidents may prompt an inquiry by CPS. Allegations of family violence, the suspicion of current or even former drug use, leaving the child at home alone, failing to supervise internet activity, and the list goes on and on. Drinking too much, spanking your child, statements taken out of context by your child, poor performance in school, school absences, bruises or scrapes on a child, and so on are all examples of behaviors that could be considered child abuse.
Investigators with the Child Protective Services (CPS), who are employed much like private investigators, look into allegations of child abuse and neglect. It goes without saying that this was done so with the best of intentions. Nobody hates to see children subjected to abuse. However, in reality, Child Protective Services (CPS) investigations frequently spiral out of control for one of two reasons: (1) the people hired by CPS are overzealous and suspicious of everything, to the extent that they treat every little thing that could even remotely be construed as a sign of abuse or neglect as though it were indisputable evidence that abuse or neglect is taking place; or (2) the people hired by CPS are overzealous and suspicious of everything, to the extent that they Assuming that you can “talk your way out of this” is the worst thing you can do if you find yourself in this scenario; it’s the worst thing you can do. That only occurs very infrequently.
It is not a coincidence nor an oversight if the Child Protective Services comes knocking on your door. You have been reported by somebody, which may have been a neighbor, counselor, doctor, teacher, friend, ex spouse, lover, girlfriend, or even a member of your own family. In this predicament, there is no one who can be trusted. Do not engage in conversation with or seek out to anyone who is not an experienced CPS Lawyer since by doing so you are only contributing to the escalation of the situation. If you do not put some distance between yourself and the investigator working for Child Protective Services, they will continue to seek you out and interfere in your life. The only way to do this is to hire a CPS Lawyer and insist that any future contact with you go through your CPS attorney first. If you do not do this, Child Protective Services will continue to seek you out and interfere in your life.
Nick Davis Law’s experienced Fort Bend County CPS Defense Lawyers can assist you in developing a strategic plan to defend yourself against the charges that have been made against you. Call our experienced CPS Lawyers in Katy, Texas at (281) 528-2400 to learn more about how we can assist you in protecting your parental rights in a matter involving Child Protective Services in Fort Bend, Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington, and the surrounding counties.
Can CPS Really Take My Children?
Absolutely. CPS possesses a formidable amount of power. The assumption of the CPS investigator that the children are in immediate danger accounts for the vast majority of cases in which children are removed from their homes. When it comes to deciding what constitutes “danger,” it is, of course, entirely up to the investigator. As was said before, it can be nearly anything; nevertheless, the charges of drug addiction, alcohol abuse, family violence, and inattentive supervision are the most prevalent.
It is possible that the investigator will conclude that the children’s safety requires them to be taken from the home immediately. This conclusion will be based on the facts and circumstances surrounding the claims.
In the event that this occurs, a court date must be set within fourteen days of the removal, and then a judge will decide if CPS will maintain temporary custody for a longer period of time (normally up to a year), but once things get to this point, you will be faced with an underlying parental rights termination suit.
If the child protective services investigator determines that the children are not in imminent danger, then they will typically ask you to sign a “safety plan.” This is a contract between you and CPS that states you will carry out certain actions in order to prevent the children from being removed from your home.
CPS, however, will continue to add more and more services onto the safety plan, and they will continue to be a part of your life for an extended amount of time, which is a problem that is voiced by many parents.
CPS will also continue digging for information, requesting medical releases to find all medical and psychiatric treatment history information, and often discovering other facts or circumstances that can be interpreted as either evidence of abuse or neglect or high risk factors. This is the other problem that arises in these situations.
If you are unable to convince Child Protective Services that your safety plan is adequate, they will use that fact as proof that the children need to be taken from the home for their own protection.
Should I talk with the CPS Investigator?
If the Child Protective Services or the police ever wish to speak with you, it is best to consult with a criminal defense or CPS defense attorney as soon as possible. A lot of parents have the misconception that they can just explain things to CPS, and the agency would get it. That involves taking a significant chance. If you talk to CPS, you are providing them with more information that can be used in a way that is not in their best interest, regardless of whether or not you believe the charges to be completely false. In addition, CPS is not interested in an explanation or answers; rather, they are seeking for facts.
Assume, for the sake of argument, that Child Protective Services is looking into you because your child appeared at school with bruises, prompting a teacher to file a complaint simply to be on the safe side.
Someone from Child Protective Services comes to your house and interviews you about the injuries.
You have nothing to conceal because you did not damage the child; they must have gotten their injuries from another incident, such as falling outside or hitting their head on something.
CPS even asks the youngster, which is something that they frequently do without your awareness when they show up unannounced at school, and they find out that the child just just collapsed while playing outdoors with other children.
However, the CPS investigator is just interested in speaking with you and seeing your surroundings at this time.
They unexpectedly appear, which takes you by surprise, and then you begin conversing.
They will question you how you typically discipline your child as well as how you were instructed to behave when you were a youngster.
They find out that you resort to physical punishment on occasion and that your parents even used a belt to chastise you when you were younger.
They are going to inquire about your usage of alcohol, illegal drugs, and even prescription medication simply because this is something that they constantly do.
They have learned that you take medication for your anxiety, and they have also learned that you drink (3 times a week, but they believe you are down playing it).
They next want to do a drug test on you using a mouth swab to determine whether or not you have used any other substances for anxiety or for fun.
Because you started talking with CPS, they learned a little more each time and used it as a pretext to seek further information, such as drug testing. In this instance, there was absolutely no proof of abuse; yet, because you started talking with CPS, they learned a little more each time.
If at this time you refuse to cooperate with any of their demands or refuse to answer any questions, they will believe that you have something to conceal or that it is evidence that wrongdoing has occurred because of your refusal.
Do yourself a favor and read this. Tell CPS in a delicate manner that you are delighted to comply with any inquiry, but that you are going to visit an attorney nonetheless, merely because you have always been told that you should do so, and that you will have your CPS lawyer get in touch with them as soon as possible.
Nick Davis Law’s experienced CPS defense attorneys in Fort Bend County can assist you in creating space between you and CPS and reducing the likelihood that you will make the error of transmitting facts that CPS will attempt to distort.
Call our experienced CPS Lawyers in Katy, Texas at (281) 528-2400 to learn more about how we can assist you in protecting your parental rights in a matter involving Child Protective Services in Fort Bend, Harris, Montgomery, Waller, Brazos, Washington, and surrounding counties.
Termination of Parental Rights
When your children are taken away by CPS, the district attorney’s office will file a lawsuit to terminate your parental rights. This lawsuit will be filed concurrently with the removal of your children. As was said before, if you are unable to win the hearing that lasts for 14 days, you will be forced to engage in a lengthy legal procedure that needs to be concluded within one year. Depending on the charges that were first brought forward, Child Protective Services (CPS) may have no intention of resolving the case even if you do all of the services that were required by the court. In a civil or family court proceeding, the “death penalty” is analogous to the severance of parental rights and responsibilities. If your parental rights are terminated, there is no way to get them back, and you will no longer be able to be a part of your kid’s life unless you are fortunate enough to have a relative who is willing to take placement of your child and who would enable you to visit your child on a regular basis.
It is not worth the risk to take a matter before Child Protective Services (CPS) to trial in Fort Bend, Montgomery, or Harris counties, or any of the adjacent counties, unless you have an experienced CPS Defense Litigator.
CPS investigations regarding family violence.
Allegations of family violence are some of the most prevalent and unanticipated reasons why the Child Protective Services will become engaged in your life. It is not necessary for the children to be involved in the violence for such a case to be opened. The typical course of events is for the parents to get into an argument, and then one parent will either shove, slap, or grab the other parent, at which point the other parent will contact the police to put an end to the brawl. When the police come, the parent who contacted them believes that all that will happen now is that the other parent will be scared away, and the situation will be resolved. This is not how things really are. When the authorities find out what took place, they will often make an arrest of one of the parties for a “class A Misdemeanor” assault; however, this of course has the potential to quickly escalate to the level of a felony depending on how much talking takes place. The complaining parent will frequently state something along the lines of “I told him I was going to call the cops and he attempted to take my phone away.” This is one of the most prevalent reasons why the costs may increase. Because of this, a “interference with an emergency call” charge will be filed against the defendant. When the police find out that you have children, they frequently file a CPS report as well, regardless of whether the children were at home at the time of the incident or if they witnessed anything.
When Child Protective Services becomes involved, they will repeatedly interrogate you and delve into your life. As you are already aware, the problems will only become more severe the longer CPS is engaged.
If you do not comply with CPS’s demands, the agency will likely assume that you are a risk to your children because you are unwilling to take the steps necessary to safeguard them and will seek a “protective order” against the other parent. In many cases, CPS will demand that you evict the other parent from the home and file a “protective order” against them.
Clearly, the situation is significantly more dire if there was actual violence taking place, and even more so if there has been past participation by the police in the resolution of domestic disputes.
Nick Davis Law’s experienced child protective services (CPS) defense attorneys in Fort Bend County can assist you in addressing allegations of family violence in a manner that takes into account both the CPS investigation and the possibility of criminal prosecution.
Call our experienced CPS Lawyers in Katy, Texas, at (281) 528-2400 to learn more about how we can assist you in protecting your parental rights in a matter involving Child Protective Services in Fort Bend, Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington, and the surrounding counties.
What is CASA?
CASA stands for “Court Appointed Special Advocates.” These people are often volunteers that are appointed to speak on the best interest of the child in court. They don’t have a lot of influence in your case, but its always good to not have CASA complaining too much about you. This is another example of something that is good in theory but in practice it gets distorted because of the people involved. CASA volunteers tend to be also over zealous about things and take little problems and view them as high risk factors and cause for concern. If you loose the 14 day hearing, a CASA volunteer will be appointed in the case as well, so be prepared to be very nice to them, but never consider them a friend or someone to confide in. Also, don’t stress out if the CASA volunteer constantly gives you a bad report.
What is an Attorney Ad Litem?
An attorney will be assigned to represent your children and make legal decisions on their behalf if CPS removes them from your care and places them in foster care. This individual often works on a large number of child protective services (CPS) cases on a regular basis and has substantial relationships with CPS case workers, CASA, and the district attorney who represents CPS. Do not have the expectation that the Attorney Ad Litem will like you or will work to facilitate the reuniting of your family with your children. They will, in the vast majority of cases, take the side of CPS and do all in their power to portray you as a negligent parent. It is also a good idea to refrain from talking with the Ad Litem in the hopes of winning that person on to your side of the story or gaining their approval.
CPS Removed my Children, Now What?
Hopefully, you already have an experienced Fort Bend County CPS Lawyer supporting you. In the event that you are unable to pay for legal representation, the court will appoint one for you if you can demonstrate that your income is at or below the federal poverty line. This is, of course, problematic for a multitude of reasons; nevertheless, the quality of legal counsel you receive from a CPS lawyer who has been assigned by the court is the primary cause for concern. It’s true that having an attorney selected by the court is preferable than having no CPS defense counsel at all defending you, but it doesn’t mean it’s the best option. In life, like in the legal system, you get what you pay for. This is also true in the legal system. If you are able to or if you have relatives or friends who are ready to assist you, hiring a competent CPS lawyer to defend you and increase your chances of being successful is something you should consider doing.
You will have a court hearing in front of a District Judge within 14 days of the day that CPS removed your children from your home. This hearing will take place after your children have been removed. The procedure is referred to as the “14 day hearing.” At this hearing, evidence will be produced, and testimony will be offered; in other words, the hearing will function very similarly to a condensed trial. If the judge finds that the conditions in which the kid is currently living pose a risk to the child, then the judge will rule in favor of the removal of the child, and Child Protective Services (CPS) will be appointed as the only managing conservator of the children until the matter is completed. If Child Protective Services prevails at the hearing, you will be entangled in the system for a protracted and cumbersome legal procedure that has to be finished in around a year’s time. During this hearing, the court will also decide when the trial for your case will take place. The outcome of this trial will determine whether or not your parental rights will be taken away. If the hearing goes against you, Child Protective Services will ask the judge to order you to complete a long list of court-ordered services so that CPS can track your progress (or lack thereof). Depending on how well you do while the case is pending, you will either get your children back or you will go to a final trial. If the hearing goes against you, CPS will ask the judge to order you to perform a long list of court-ordered services.
Find close relatives who are prepared to step in and take control of your children while the lawsuit is underway. This is a solid practice that should be followed.
CPS will have a great deal of sway over who is allowed to take custody of the children, but they will almost always choose to place the children with relatives who do not have any “risk factors” that would cause them to be disqualified.
Your children will be placed in foster care if you do not have any relatives who meet the requirements to care for them while the case is still being processed.
Nick Davis Law’s skilled CPS defense attorneys in Katy, Texas, may assist you in fighting CPS and winning the 14-day hearing, which will result in the removal being overturned.
Call our experienced CPS Lawyers in Katy, Texas at (281) 528-2400 to learn more about how we can assist you in protecting your parental rights in a case involving Child Protective Services (CPS) in Fort Bend, Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington, and Counties Surrounding These Counties.
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