The best way to describe a CPS case is to use details regarding each phase of a typical case. Like a divorce or child support case, a CPS case has multiple phases that follow one another. However, the biggest difference between these three types of family law cases is that a CPS case can end abruptly. This depends on the evidence, circumstances, and other factors that can impact the case. Make no mistake, the facts and circumstances of your CPS case will determine the outcome just as much as the law will.
The conservatorships phase of a CPS case involves the agency taking possession of your child. It also means being in charge of the daily decision-making. Child Protective Services will make decisions regarding their education, health, medical care, and other crucial aspects of their lives. This does not mean that you will have lost your conservatorships rights. However, it will mean that temporarily Child Protective Services will have gained primary conservative ship rights.
Why could CPS gain primary conservatorship rights over your child?
CPS may find reasons to believe you engaged in abusive or neglectful behavior with your child. When there is enough evidence to support this, the state of Texas may be able to go to court. They may obtain permission to remove your child from your home and gain temporary conservatorships rights over them. These conservatorships rights are temporary pending the results of your investigation in the case.
A CPS case follows a trajectory based on certain events as they occur within the courts. For example, your CPS case may be relatively short if you participate in the safety planning and elimination of risk of harm to your child. CPS will permit your participation in counseling sessions, family-based virtual services, and other mechanisms aimed at facilitating your child’s permanent return to your home. However, your participation in the process needs to occur info before arriving at this stage.
The severity of the allegations and evidence available within your case may limit the possibility of your child returning home sooner rather than later. I recommend speaking with an experienced family law attorney to help guide you throughout this process. The attorneys at the Law Office of Bryan Fagan possess expertise in this area of the law. They can help you prepare for whatever circumstances you find presented to you more, keeping an optimistic perspective on achieving their return of your child to your home at the end of the CPS case.
How does Visitation with your child work during a CPS case?
As attorneys, one of the first questions frequently asked by a parent in your position pertains to the frequency of spending time with your child during a CPS case. Given its common occurrence, I wanted to share some information regarding CPS and its approach to visitation during such cases.
Promoting Relationship: Prioritizing Child Visitation
Keep in mind that the most important purpose regarding Visitation is to make sure that you and your child will maintain a relationship. We actively promote visitation with you to address concerns over your child feeling abandoned or exploited after removal from your home. You’ll have every opportunity to see your child as much as possible during the CPS case.
The agency understands that it is important for your child to feel like they are part of a community and family, even during difficult times in a CPS case. It would be unreasonable to expect that your child would experience similar feelings of cohesion and community in the custody of Child Protective Services. As a result, the agency will work with you to develop a schedule for Visitation that suits all parties. At the same time, you may not be able to see your child as much as you would like. It certainly will be better than nothing.
Another overlooked aspect is the significance of your ability to visit your child from this perspective. Without visitation, you and the agency would not adequately plan for a permanent custody arrangement. The entire CPS case revolves around finding a lasting solution for your child regarding conservatorships and permanency in placement. Without visitation during the CPS case, the agency can’t assess the feasibility of returning your child home and reuniting them with your family.
Navigating CPS Cases: Ensuring Timely Conclusion
From the beginning of a case until a trial, a CPS case can sometimes take one year or even more. The case follows a fairly rigid standard for completion time. However, it’s important to acknowledge that delays and continuances are possible. Engaging in the visitation opportunities provided to you is essential for promptly concluding your case. Otherwise, you will have less of an opportunity to have your child returned home to you.
You cannot be upset about your child’s removal from your home while not actively participating in visitation. Failing to utilize visitation makes maintaining a bond with your child throughout the case nearly impossible. Despite less than ideal visitation conditions, it’s crucial to take these opportunities seriously and engage with them to the best of your ability. This represents your best possible route to reuniting your child with your family in your home.
Losing family connections at an early stage in your child’s life can be extremely harmful to them period; that does not mean that the agency will put your child at risk and provide you with more Visitation time is appropriate, in their opinion, but it does mean that the agency will work with you to arrive at Visitation solutions that are in the best interest of your child. If you can spend regular time with your child, then that will mean that there is some sense of stability in your child’s life, even during the topsy turvy path of a Texas CPS case.
Visitation and foster care
If your child enters foster care, they might face an increased risk of feeling disconnected from any semblance of family, potentially leading to mental health consequences. More frequently, you can visit with your child during this case can certainly positively impact your child’s well-being. Allowing your child to see how you are functioning during the CPS case can allow your child to display positive behaviors even though they may not be happy in the foster care period.
Foster families often grapple with behavioral challenges exhibited by children in their care, stemming from the negative influences they encounter due to CPS cases. Based on my experience, increased visitation with your child in foster care tends to result in improved behavior and adjustment to the dynamics of a CPS case. The risk to your child of suffering mental health illnesses during a CPS case in foster care is real. However, through regular Visitation, you have the solutions to those problems in your hands.
There are many reasons why regular Visitation with your child during a CPS case is important.
Being able to have regular contact with your child during a CPS case is vitally important. While it may seem obvious, some parents initiate a CPS case feeling powerless and believing there’s no hope of their child returning home. However, this perspective is misguided, often based on conjecture and assumptions that aren’t necessarily accurate. Not only does your being able to spend time with their child benefit you, but it certainly benefits your child in many ways.
Addressing Child Self-Blame: Vital Reassurance in CPS Cases
For instance, your child might have spent the time since their removal blaming themselves for being taken out of your house. This may sound silly to us as adults, but children tend to blame themselves in many cases when bad things happened to their parents or themselves. Whether or not your child has ever told you that they blame themselves for and the actions that led to removal may be irrelevant. You need to understand that if your child is prone to engaging in this type of thought, you’re able to see them and constantly reassure them that not playing a role in that process is extremely critical to their mental health.
Another positive aspect of parent-child Visitation during a CPS case is that you are receiving constant affirmation from your child about the possibility of reunification at the end of the case. Well, no one can predict exactly when a CPS case will come to an end; it is easier to determine the end stage of a case when Visitation schedules are followed other services are taken advantage of. For example, by taking regular Visitation with your child and following steps containing your safety plan, you are best able to ensure your child’s well-being.
There may also be changes that you need to make to your life to ensure that your child can come home in short order. Seeing your child every week is a constant reminder of those changes you need to make. Just seeing your child’s face and interacting with them daily good motivate you to make those changes permanent in your life. Depending upon those changes, it may take a lot of patience and self-control for you to implement them.
Utilizing CPS Visitation: Applying Parenting Skills
You may have also been working on skills and techniques to help raise your children, deal with anger or even remove stress from your daily life. Many parents in CPS cases go through counseling or other types of therapy letters designed to lead to more fruitful and beneficial interaction between you and your child. If this is the case for you and your family, Denise Visitation sessions are an opportunity to try out any skills your techniques you have been learning.
Another important reason why Visitation during a CPS case is important is that this is a great opportunity for you to share information with CPS that may be useful as far as raising them daily is concerned. If your child’s foster family has been expressing problems with your child in some regard, then you are available to consult with your child’s caseworker during these Visitation sessions to help control the behavior of your child.
However, from your perspective, the most important reason why Visitation during a foster care case is so important is that the more you can visit with your child, the greater likelihood your child has of returning home at some point during this case. On the other hand, not taking advantage of all the time you have with your child during a CPS case on May 10, two lessons your ability to reunite with your child at any point.
What is the first Visitation session going to be like after your child is removed from your home?
CPS typically aims for you to see your child within two days of their removal from the house. Your spouse and children would likely all be available to visit your child placed into CPS custody. The location of the first Visitation session can depend on several factors. Most notably, upon what is convenient for you as the parent, given your location relative to the foster family. The location will have to be safe for all parties involved: your child, the foster family, and the agency.
It is unlikely that a busy or crowded environment would be conducive to a first visit. A quieter, more private location is best because there may be some communication issues during an initial visit like this. The first visitation session may take place at the foster family’s home, a park, or quiet location conducive to interaction. Even having the Visitation session at a CPS office location can work as long as the setting is comfortable. Also, if all parties agree to have it at that location.
How to prepare for a first Visitation session
You will be given as much notice as possible to prepare for the Visitation session. A street address and directions will be provided to you as far as whether or not your child will be able to see you from the second you arrive at the Visitation site or whether or not additional steps would need to be in place that had to be fulfilled before your being able to see her child.
Your CPS caseworker will discuss with you what the setting will be like for the Visitation session, what items you can and cannot bring, what you can bring to help your child feel like they’re at home, and how you can respond to your child’s questions about when they will return home and how often these Visitation sessions will occur before that point in time.
Additionally, your child may have specific concerns about the foster care process for the CPS case in general. If you have your thoughts on that subject, you can discuss them with your CPS caseworker. However, in many cases, you won’t have the right words to say right off the bat. However, by working with experienced CPS case professionals and your attorney, you can develop the right words to use in the right circumstances. This will be beneficial both for your child and for you as a parent.
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “Child Protective Services E-Book.”
Other Related Articles
- Understanding the Role of Texas Child Protective Services in Custody Cases
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- The average cost associated with hiring a junior attorney with the Law Office of Bryan Fagan to represent you in a Child Protective Services case
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- Child Neglect in Texas: Preparing for a CPS case
- What is a plan of service in connection with a Texas Child Protective Services case?
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- Child Abuse in Texas: What is the process like In a Child Protective Services case?
- How can your relatives play into a Texas Child Protective Services case?
- Will Child Protective Services talk to children outside of the parent’s presence?
FAQs on Child Support and CPS in Texas
How much does a QDRO cost in Texas?
The cost of a QDRO can vary depending on factors like the complexity of the case and legal fees. It’s recommended to consult with a legal professional to get an accurate estimate.
What happens if a QDRO is never filed in Texas?
If a QDRO is never filed, the alternate payee may not receive their share of the retirement benefits. It’s essential to follow the necessary steps to ensure proper filing and implementation.
Is a QDRO necessary to divide a 401k?
Yes, a QDRO is typically required to divide a 401(k) account during a divorce. It ensures that the division is done correctly without incurring penalties or tax liabilities.
How do I get a copy of my QDRO in Texas?
You can request a copy of your QDRO from the court or the plan administrator. It’s advisable to keep a copy for your records and future reference.
Who pays the income tax on a QDRO?
The recipient of the QDRO benefits is generally responsible for paying income taxes on the distributed amount. It’s recommended to consult with a tax professional for accurate guidance.
What is the time rule for QDRO?
The time rule for QDRO refers to the requirement that a QDRO must be received and approved before the participant’s retirement benefits are paid out. Timing is crucial to ensure a smooth process.
Do I need to pay taxes with QDRO?
Yes, taxes may apply when receiving QDRO benefits. The tax treatment depends on various factors, including the type of retirement account and the recipient’s tax situation.
How far behind in child support before a warrant is issued in Texas?
In Texas, a warrant can be issued for unpaid child support when a noncustodial parent falls behind by three months or more. However, the exact time frame can vary based on individual circumstances.
What can CPS do in Texas?
In Texas, Child Protective Services (CPS) can investigate reports of child abuse or neglect, provide services to children and families in their homes, place children in foster care, refer parents to drug and alcohol rehab, and provide services to help youth in foster care make the transition to adulthood. CPS can also terminate parental rights if the safety of the child is at risk.
Does child support go down if the father has another baby in Texas?
In Texas, having another child may affect the amount of child support a father is required to pay. If a father has another child and is legally responsible for supporting that child, the court may lower the amount of child support owed for the other children. However, it is not guaranteed, and the decision is up to the discretion of the court.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.