CPS Took My Child: Removal Hearing Lawyer in Houston

CPS Took My Child: Removal Hearing Lawyer in Houston

After CPS removes a child, the first court hearing comes fast. What you do in the next two weeks matters more than almost anything else in the case.
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How a CPS Removal Happens

CPS can take a child into custody in an emergency, either with a court order or, in limited situations, without one. Either way, CPS must go to court quickly to explain why. Texas law does not allow removal based only on letting a child do independent activities suited to their age, or only on a positive marijuana test without proof that it harms the child.

The Full Adversary Hearing

Texas law generally requires a full adversary hearing within 14 days after CPS takes a child. The court can postpone it briefly, for example to give a newly appointed lawyer time to prepare. At the hearing:

• CPS must present evidence for keeping the child out of your home.
• The judge must return the child unless it finds a continuing danger to the child’s physical health or safety.
• If the other parent or caretaker did not cause the danger, the court must generally place the child with that person.
• If the child can’t go home, the court considers relatives before strangers.

If the court keeps the child in care, it names the Department of Family and Protective Services (DFPS) temporary managing conservator. That starts the clock on the rest of the case. See service plans and reunification.

How to Prepare

1. Call a lawyer today. If you cannot afford one, ask the court about an appointed lawyer.
2. Write down what happened, with dates, names and what was said.
3. List relatives and close family friends who could care for your child, with their phone numbers.
4. Gather proof that supports a safe return: school, medical and counseling records, and the names of people who know your parenting.
5. Ask for a visitation schedule so you can see your child while the case goes on.

How We Help

We prepare your evidence and witnesses for the full adversary hearing, push for return or the right relative placement, and set up your case for what comes next. Mrs. Young is Board Certified in Child Welfare Law by the Texas Board of Legal Specialization and is a registered nurse, which matters when removal is based on an injury or a medical concern. Meet Bobbie Young.

Frequently Asked Questions

How soon is the first hearing after CPS removes my child?

Texas law generally requires a full adversary hearing within 14 days after CPS takes possession of a child. The court can postpone it for a short time in some situations.

Can my child stay with a grandparent or relative?

Often, yes. Courts must consider placing a child with a relative or close family friend before a stranger. Give CPS and your lawyer the names of possible caregivers as early as possible. See kinship placement.

Will I get to see my child?

In most cases, yes. Ask the caseworker and the court for a visitation schedule right away, and attend every visit.

Act Before the Hearing

The window is short. Call 713-225-6200 or fill out the form to talk with our Child Welfare team.