How to Fight CPS in Court and Protect Your Parental Rights

When you’re in the middle of a Child Protective Services (CPS) investigation, it’s normal to feel overwhelmed, frightened, and unsure of what to do next. The idea of being separated from your children is unimaginable, and the legal process ahead may feel like an uphill battle.

But you have rights, and with the right strategy and support, you can fight CPS and keep your family together. As a family law attorney who has walked countless parents through CPS cases, we understand the emotional rollercoaster you’re on.

We’ve seen firsthand how the system can be stacked against parents, and we know how important it is to have a strong legal advocate in your corner. In this article, we’ll walk you through the key steps to beating CPS in court and protecting your parental rights.

CPS Investigations and Removals in Texas

CPS is mandated by Texas law to investigate reports of child abuse or neglect and take necessary actions to ensure a child’s safety and well-being. This process can involve working closely with law enforcement and the court system to intervene when children are at risk of harm.

Removals With and Without Court Orders

CPS can remove a child from their home with or without a court order. In emergency situations, CPS may remove a child without a court order if they believe the child faces an immediate danger. However, they must file a petition with the court and request a hearing within the next business day.

If CPS obtains a court order for removal, they can legally take custody of the child after the order is signed. In either case, parents have the right to challenge the removal and petition for their child’s return.

Conservatorship in CPS Cases

In Texas, conservatorship refers to the legal rights and responsibilities of a child’s caregiver. When CPS seeks to remove a child, they will petition the court to be named the child’s temporary managing conservator. This grants CPS the authority to make decisions regarding the child’s living arrangements, education, and medical care.

As a parent, you have the right to contest CPS’s conservatorship and present evidence demonstrating your ability to provide a safe and nurturing home environment for your child.

How the CPS Court Process Works in Texas

When CPS files a petition for conservatorship or termination of parental rights, the court will schedule a series of hearings to review the case and make determinations regarding the child’s best interests.

The Adversary Hearing

The Adversary Hearing typically takes place within 14 days of the child’s removal. During this hearing, CPS will present their reasons for removing the child, and parents have the opportunity to offer counterarguments and evidence opposing the removal.

We recommend having legal representation at this hearing, as it sets the stage for the rest of the case. Our experienced CPS defense attorneys can help you present a strong case for your child’s return.

Status and Permanency Hearings

Following the Adversary Hearing, the court will schedule regular Status and Permanency Hearings to review the child’s well-being and the progress of the case. These hearings occur every 4-10 months, depending on the case’s specific circumstances.

During these hearings, the court will assess your compliance with any ordered services or requirements and determine whether it’s safe for your child to return home. It’s crucial to demonstrate your commitment to providing a stable, nurturing environment for your child.

Mediation and Trial/Final Hearing

In some cases, CPS may offer mediation as an opportunity to resolve issues related to the case outside of court. A neutral mediator will work with both parties to reach an agreement on matters such as visitation, services, and conservatorship.

If the case proceeds to trial, also known as the Final Hearing, the court will hear evidence from both sides and make a determination on conservatorship and parental rights. This hearing typically occurs within one year of the child’s removal.

Building a Strong Defense Strategy Against CPS

To fight CPS in court, you need a defense strategy that demonstrates your commitment to your child’s well-being and your ability to provide a safe home environment.

Start by:

1. Gathering evidence that supports your case, such as character references, proof of completed services or classes, and documentation of your child’s medical care and educational needs
2. Complying with all court orders and CPS service plans, as this shows the court that you are dedicated to making necessary changes to ensure your child’s safety
3. Working with expert witnesses, such as psychologists or medical professionals, who can provide testimony supporting your parental fitness
4. Maintaining positive interactions with CPS caseworkers and the court, even if you disagree with their actions. This demonstrates your willingness to cooperate and prioritize your child’s best interests
5. Securing experienced legal representation from attorneys who handle CPS cases. Having a skilled attorney on your side can make all the difference in the outcome of your case

Building a strong defense against CPS requires a focused effort, a deep understanding of the legal system, and a willingness to fight for your rights as a parent. But with the right strategy and the right attorney in your corner, you can give yourself the best possible chance of success.

How a Family Law Attorney Can Help in Your CPS Case

When you’re facing a CPS investigation or court case, having a skilled family law attorney in your corner can make a world of difference. Here’s how:

1. Knowledge of the system: A good family law attorney will have a deep understanding of how CPS cases work in Texas. They’ll know the laws, the procedures, and the strategies that can give you the best chance of success.
2. Advocacy for your rights: Your attorney will be your strongest advocate, fighting to protect your rights as a parent and ensure that your voice is heard in court.
3. Guidance and support: Going through a CPS case can be emotionally draining. Your attorney will be there to guide you through the process, answer your questions, and provide the support you need during this challenging time.
4. Defense strategy: A skilled attorney will work with you to build a strong defense strategy that challenges CPS’s allegations and demonstrates your fitness as a parent. They’ll gather evidence, interview witnesses, and present a compelling case on your behalf.
5. Negotiation and resolution: In some cases, it may be possible to resolve your CPS case through negotiation or mediation. Your attorney will have the skills and experience necessary to advocate for your interests and work towards a favorable resolution.

Parental Rights and Responsibilities in CPS Cases

As a parent, you have constitutionally protected rights to the care, custody, and control of your child. These rights are rooted in the Fourteenth Amendment’s Due Process Clause and have been upheld by the U.S. Supreme Court in cases like Troxel v. Granville.

However, these rights come with the responsibility to provide a safe, nurturing environment for your child. Proactive steps to prevent CPS involvement include addressing mental health concerns, substance abuse issues, or domestic violence situations and using community support services when needed.

If you fail to engage in the CPS court process or do not comply with court orders, you risk losing your parental rights. It’s essential to take the matter seriously and actively participate in your defense.

Potential CPS Case Outcomes and Moving Forward

The outcome of a CPS case can vary depending on the specific circumstances. The court may:

1. Allow your child to safely return home
2. Grant CPS temporary or permanent conservatorship
3. Terminate your parental rights (in severe cases)

Regardless of the outcome, focus on your child’s best interests and maintain a strong support system. If you believe CPS has violated your rights or engaged in discriminatory practices, you may have grounds for legal recourse, such as filing a civil rights complaint.

Protecting Your Family: Taking Action in CPS Cases

If you’re dealing with a CPS investigation or court case here in Texas, the most important thing you can do is act fast and get an experienced attorney in your corner. At our firm, we’ve seen what these cases put families through, and we’re committed to being there for you every step of the way.

Our team of dedicated lawyers have handled dozens of CPS cases. We know the ins and outs of the system and what it takes to mount a strong defense. We’ll roll up our sleeves and do everything in our power to make sure your side of the story is heard loud and clear in court. At the end of the day, we’re fighting for what’s best for you and your kids.

Contact us at Dodson Law Firm, PLLC today and schedule a consultation. We’ll sit down with you, go over your case, and lay out a plan for how we can work together to take on CPS and protect your rights as a parent.