Portrait of John K Grubb

Texas Divorce and Prenuptial Agreement

5005 Riverway Drive, Suite 450 • Houston, Texas 77056

Phone: 713-877-8800 • Fax: 713-877-1229

How Can I Respond to Action by Child Protective Services?

Texas Child Protective Services (“CPS”) can take custody of your child through an emergency order or through a court order, but even in the event of an emergency, CPS can only take custody for a day or a weekend. CPS must eventually go before a Texas judge, meaning that you will have the right to present your case eventually.

The weeks and months following CPS action will be filled with court hearings during which you can show to the court that you deserve to keep your children. We always recommend appearing with a family law attorney at these hearings given how important they are. If you fail to present a convincing case, the final ruling could end your rights as a parent, meaning that a judge or jury can determine that your child is no longer yours.

How can I contest an action by Child Protective Services?

If CPS takes your child away through an emergency order, you will typically have as many as five opportunities to plead your case.

  • During the next business day after an emergency CPS action, there will be an emergency hearing to determine whether the action was reasonable
  • Within 14 days of CPS taking custody of your child, there will be an adversary hearing during which you have your first chance to plead your case
  • If your child ends up in foster care, there will be status hearings in the months afterwards to determine what plan there is to return your child back to you
  • By 12 months from when CPS first takes custody of your child, a court will decide whether your child should return to you or whether the child should end up in permanent foster care

The actions you take following the time that CPS takes custody of your child are vital. Are you in the middle of a child custody dispute with Texas Child Protective Services? If so, contact a Houston child custody attorney for help in resolving your case.

John K. Grubb & Associates, P.C. – Houston divorce lawyers

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