Legal Question in Family Law in Texas

Re: military and child abuse

1. In simple response to your questions: (a) the jurisdiction would be the state, though of course the UCMJ might affect their status as officers; (b) the goal of CPS is protection of the child, the goal of the prosecutor is punishment of crime--these are two different things; and (c) a civil lawsuit would be under the state where the damage, if any, occurred.

2. In further answer, based upon over 20 years dealing with the CPS, just because the CPS investigates does not mean there is a problem. In practice--unless the harm to the child from the parent is very clear--their methods more often than not are based upon validating accusations rather than finding the truth.

3. You should be in touch with the caseworker and demand the children be placed with you if CPS removes them from the father. You should have an attorney if they file a court case and you should not agree to any court orders except having the children sent to you.

4. But you would be wise to confirm all your conversations and phone messages with the CPS worker by email. And see my old website for good advice on dealing with caseworkers: http://www.olywa.net/preblelaw/cpsprob.htm#friend.

5. Finally, remember that CPS are not tame and that you need to be cautious in dealing with them even if they appear to be on your side. Here is a limerick that I quote to my clients in that regard:

There once was a lady from Niger, who smiled as she rode on a tiger. She went for a ride, but she came back inside, with the smile on the face of the tiger.