Managing a Texas Family Law Case, Part Three

If you have need a best suitable service your Family Law experience, Managing a Texas Family Law Case, Part Three to the great process!

YOUR RIGHTS IN A CHILD PROTECTIVE SERVICES (CPS) CASE

Divorce Lawyer Houston: It can feel like that you have no rights whatsoever, and that CPS can do whatever they would like to you if you become involved with them. After all- if they can remove your children from your home, what else is there that they can do?

It is this fear of the unknown that has lead to the Law Office of Bryan Fagan wanting to post a series of blog posts on family law cases in general. Today’s blog will continue to focus on CPS cases. We will begin today’s discussion by going over what rights you do have in a CPS case.

We will start by going over information that I included at the end of yesterday’s blog. You have the right to be represented by an attorney in your case. This is especially true if CPS is wanting to terminate your parental rights. If you cannot afford an attorney you should inform the judge of this and he or she may be able to appoint you an attorney.

Sort of a basic right that I think should put you at ease (somewhat) is that CPS and the judge will not hold any hearings without you knowing of the date and time for that hearing. You may have zero experience with attorneys, judge, and court in general. However, this will not keep you from attending any hearing and having your opinion known at those hearings. You will be given notice of any courtroom hearing.

On a more basic level, your CPS caseworker has to keep you informed of your child’s case and update you on their well being.

This does not mean that every time you call him or her you will be able to speak to them, but it does mean that phone calls made to their office will have to be returned by the CPS caseworker or their supervisor. In fact, your showing an interest in the day to day happenings and remaining in communication with him or her may be required by the judge in your case.

A RUNDOWN OF THE PEOPLE INVOLVED IN YOUR CPS CASE

Houston Divorce: The person who will play perhaps the most integral role in your CPS case is the CPS caseworker. After your child is removed from your home the CPS caseworker’s name and contact information will be provided to you. Another caseworker will be assigned to your case within a few weeks of your child being removed from your care.

The caseworker will provide you with more information and will ask you for additional information about your child and the situation and led to their removal from your home. Perhaps most importantly your CPS caseworker is charged with following up on the well being of your child and can answer questions as to how he or she is doing while in CPS case. Finally, it often occurs that a service plan will need to be worked out between yourself and CPS. This plan is an overview of what CPS believes to be necessary in order to allow the return of your child to your home.

A rule of thumb that applies to your caseworker that also applies to many other people we are going to discuss in this section is that if you do not hear from your caseworker for a period of time it is a smart move to initiate a phone call to him or her.

HIRING AN ATTORNEY

Houston Family Lawyers: If you hire an attorney or are assigned an attorney by the judge he or she will go over your case with you in order to learn more about your child, you, your family and the circumstances that led to your child being removed from your home.

It is important that you share details that you believe to be important with your attorney. There may be aspects of your case that you may have overlooked that can be extremely important to quickly returning your child to you and your family.

While in court your attorney will speak and advocate on your behalf. CPS hearings can vary in length and complexity so having an attorney by your side to help navigate a hearing is crucial. Unless you yourself are an attorney it’s unlikely that you will understand all of the issues well enough to represent and speak on your own behalf.

Even more important than speaking for you in court, your attorney will be your guide for the times you are not in court (which is most of the time during your CPS case). If you don’t understand the issues of your case or are unclear about why the judge said or did something in your hearing your attorney will help you to understand. The rights that you possess are hypothetical unless you understand them and can apply them properly. Your attorney will guide you in this regard as well.

The service plan that we discussed in the prior section on CPS caseworkers is the key to unlocking your case, shortening it if possible and ultimately getting your children back in your care. The plan will need to be completed exactly as it is outlined in your agreement with CPS and your attorney can act as an accountability partner in ensuring this occurs.

CPS IS REPRESENTED BY AN ATTORNEY

Houston Family Law Attorney: Having your own attorney to advocate for your rights is important because CPS will have their own attorney to represent their interests and rights in your case as well.

The objective of the CPS attorney will be to speak to the judge about why CPS needs to remain in custody of your child.

LAWYERS FOR YOUR CHILDREN

Two persons that will be involved in your CPS case are Attorney Ad Litems and the Court Appointed Special Advocate. An attorney ad litem will be appointed by the court to represent the interests of your child. He or she will do this by meeting with your child to learn more about him or her and will advocate based on your child’s best interests in court.

You may be thinking to yourself- I’m the child’s parent, therefore I am the one who should be doing this … Continue Reading