Legal Question in Family Law in Texas
Parental Rights
CPS asked us to ''voluntarily'' have our son stay with a friend while they conducted an investigation in cooperation with the local PD.
We know we did nothing wrong, and the PD Detective has told me (via phone) that she has corroborated our story with a witness of the incident. She stated that although she hadnt written her report yet, she sees the case closed.
How long and what can CPS do now, if the PD has found nothing wrong? Shouldnt they just have our child return? We did nothing wrong and the cop said so.
Also, I see that the TX CPS law states they cannot be held civilly liable even if they go on an unsubstiantiated call (no real proof), mess up a family's lives for a period of time, and when they are proven wrong, they can just walk away and say ''Ooops, sorry.....'' ? Thats my take when reading the ''Subchapter'' on the TX site. If so, I need to get ahold of ALL my congressmen and get this garbage changed.
Please let me know. I am already planning what changes need to be made (like within 36 hours the child needs to be examined by a physician, all records wiped if found innocent, etc).
Thanx!
1 Answer from Attorneys
Re: Parental Rights
CPS will do their own investigation before they return the child.
I strongly recommend that you hire an attorney.
You might miss a hearing by mistake and the results would be disasterous.
You cannot afford to be without an attorney - even if you think you are innocent of all charges.
If you live in the Houston area, I offer a free consultation at 713-847-6000. Be sure to let me know that you found me on lawguru.com
Good luck!