After your Child Protective Services case, the judge may decide it’s best for your child to stay in CPS’s permanent care, which could happen after your case ends. Throughout the case, your child will have been removed from your home and residing in foster care. While the state may have aimed to place your child in the permanent care of a family member, it’s not always feasible. This raises the question: Can permanent managing conservatorship be reversed?
After the final hearing of your case, periodic hearings will be conducted. This is to determine a permanent living arrangement for your child if parental rights cannot be reinstated. The needs of your child will almost surely change as he or she grows up. Likely, the State will not be in the best position to provide for your child throughout these years. The judge must do their due diligence in finding a new place for your child to live if this occurs.
In any post-final orders, permanency hearing that is held, your child will be expected to attend. The Department will file progress Reports before any permanency hearing. It will detail the state’s efforts to find a more suitable, permanent living situation for your child. The judge will analyze the child’s safety and well-being needs. This includes whether the state is meeting their medical, psychological, and other requirements.
What do court orders look like regarding permanent managing conservatorship?
Permanent managing conservatorship refers to a relationship with your child where you can legally make decisions for your child permanently. On the other hand, there’s possessory conservatorship. It’s where a parent or other person only holds visitation rights to the child with limited decision-making capabilities.
The judge may order the Department to provide you with services for up to six months. That is if your child hasn’t been placed with a relative or other caregiver seeking permanent managing conservatorship during a permanency hearing.
Additionally, the court would need to determine that further efforts to attempt to reunify you with your child are in the best interests of your child and are likely to result in the return of your child to your home.
Termination of your parental rights in conjunction with a denial of a prior petition to terminate
A judge can terminate your parent-child relationship, even if the state’s previous attempts were denied. This can be done under the following circumstances:
-the petition to terminate your parental rights is filed after the date the order denying the termination was issued
-the circumstances of your child, you, or any other party affected by the order denying the prior termination request have materially and substantially changed since the date that order was issued
-termination of your parental rights must be determined to be in the best interests of your child
Appealing a CPS case where your parental rights are terminated
Appealing a final order about a Child Protective Services case is usually handled in an expedited fashion. This means that, compared to other kinds of civil case appeals, your case should be handled quicker. If you were previously declared indigent in the initial CPS case, the same assumption would be in play for your appeal. Additionally, the court’s attorney ad litem to represent you will remain on for the appeal.
What are some examples of why your parental rights may have been terminated?
For any of you out there who are concerned about whether or not your parental rights may be terminated in conjunction with a CPS case, I would like to share some examples of why other parents have had their parental rights terminated. If you would like to go over your specific circumstances with an experienced family law attorney, please contact our office.
With that said, here are some scenarios from other Texas CPS cases that have led to parents’ parental rights being terminated:
-A father’s parental rights were terminated when it was found that the father voluntarily left his child alone without providing adequate support and remained away for at least six months
-a mother knowingly placed or allowed her child to live in conditions that endangered their physical or emotional well-being. In this instance, the mother took drugs that affected her ability to stay awake and care for her child, thus putting the child’s safety in danger
-a mother’s coaching of her daughter to make false sexual abuse outcries against her father were found to be reason enough to terminate her parental rights. This was done in violation of a prior court order and the supervised visitation rules that had been in place for that mother
What is in the child’s best interests when it comes to terminating their parent’s parental rights?
A judge faces a tough decision when considering if terminating parental rights benefits the child. This seems contrary to what’s expected, as parents are usually seen as acting in their child’s best interest. However, here are factors a judge considers in such cases.
What are the desires of your child?
Your child’s age will impact how much the judge considers what your child wants when it comes to deciding whether or not to maintain your parental rights to that child. The older your child is, the more of an impact this factor should have on the judge. Consider that courts take into account the ongoing harmful effects experienced by your child during their time with you when assessing your child’s wishes.
What are the emotional or physical needs of your child?
The judge will inquire about emotional and physical risks associated with allowing you to maintain parental rights to the child. The court will evaluate factors such as criminal convictions (whether misdemeanor or felony), failure to safeguard the child from drug exposure during incarceration, lapses in health insurance coverage, and indications of improved living conditions regarding the child’s emotional and physical well-being.
What are your parental abilities?
You’re not expected to be the perfect parent, but you must provide a basic level of care and consideration. While you may not offer all the advantages of other parents, keeping your child safe, away from harm, and providing essentials are fundamental responsibilities.
If you’ve attended parenting classes but still struggle to learn or develop new parenting skills, the judge may be concerned. Your ability to manage frustrations and its impact on your parenting approach is also considered. I am aware of the circumstances in which a frustrated mother actually asked their child to run away from home. The child did just that, and the mother was brought to court by CPS for having done so. Her parental rights were terminated as a result of imploring her teenage child to leave home.
What to know about adoption as a result of a CPS case
As it relates to Texas Child Protective Services cases, adoption is to create a parent-child relationship between a child and his/her adoptive parent(s). The parents who adopt a child are assuming the permanent role of providing care, custody, and control of that child. These new parents are committing the court. More importantly, to that child, that they will be there to provide whatever that child needs moving forward from a well-being standpoint. Unlike what we have seen in the above circumstances when a child is placed into the State’s care, adoption is the end of a child’s road. There will be no further following up by the court or the Department of Family and Protective Services.
If you are interested in adopting a child, you have come to the right place to learn about this process. It is possible to adopt a child a few different ways in Texas. However, doing so in conjunction with a CPS case is one choice that I would like to discuss with you.
Petitioning to adopt a child
You can file a lawsuit requesting adoption under the Texas Family Code. You must file the suit in the county where the child resides or where you and your spouse reside. If you’re married and planning to adopt, your spouse must join you in petitioning the court. If you file for divorce after starting the adoption process, the petition will be dismissed unless you or your spouse amend it to seek adoption individually.
What documentation is required when asking to adopt a child?
Before your adoption petition can be granted, the court will require the following information to be provided to it:
-a criminal history report for you and your spouse. In your case, the judge will order that you and your spouse obtain your own individual criminal history reports. Any prior criminal history report can be used so long as the information contained in the report is no more than one year old
-social studies of your home will be conducted before the adoption and after the child is placed into your home. The purpose of these studies is to determine whether your home is a suitable residence for a child and to see how you and your spouse interact with, discipline, and parent the child
-if the child you are seeking to adopt is over the age of twelve, he or she will need to write a statement that provides their consent to allow you to adopt him or her; the Department of Family and Protective Services will have to do the same since they are the likely managing conservator of the child at that time
Interested in learning more about adoption orders from foreign counties? Read tomorrow’s blog post
If you are interested in learning more about adoption orders from foreign countries and how they are treated in Texas family courts, please read tomorrow’s blog post for more information on this important subject.
In the meantime, if you have any questions about the content of today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultations six days a week here in our office. These consultations are a great opportunity to ask questions about your particular circumstances and to learn more about our office in the process.
Our attorneys serve our clients in courtrooms across southeast Texas and do so with a great deal of pride. Thank you for your time and consideration in reading today’s blog post.
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- Take control of your child’s CPS case by following these tips
- How to stand up for yourself during a Texas CPS case
- How to prevent a second CPS investigation after your first concludes
- Family Law Cases in Texas: The final stages of a CPS case
- When can CPS remove your child from your home in Texas and what can you do about it?
- What to do if you no longer like your CPS service plan?
- In what circumstances could your child end up living with your relative during a CPS case?
- What can a CPS investigation into your family mean now and in the future?
- What to do if your spouse is being investigated by CPS in Texas for abuse or neglect of your child?
- Can CPS photograph your house and request your child’s medical records in Texas?
Frequently Asked Questions
What is permanent managing conservatorship in Texas?
What rights does managing conservator have in Texas?
What is the difference between a managing conservator and a possessory conservator in Texas?
What does joint managing conservatorship mean in Texas?
Law Office of Bryan Fagan, PLLC | Houston, Texas CPS Defense Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding CPS, it’s important to speak with one of our Houston, TX CPS defense Lawyers right away to protect your rights.
Our CPS defense lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles CPS defense cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.
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.
