Legal Question in Family Law in Texas

parental rights

Can CPS terminate parental rights without notice to me.


Asked on 12/05/08, 3:54 pm

2 Answers from Attorneys

Robert Matlock Robert J. Matlock, P.C.

Re: parental rights

No. There will be a termination suit filed and you will be served with notice of it.

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Answered on 12/05/08, 4:38 pm
Fran Brochstein Attorney & Mediator

Re: parental rights

I respectfully disagree with Robert Matlock.

If CPS could not locate you, the Judge would appoint an attorney to try to find you as your attorney ad litem.

If the attorney appointed to represent you cannot find you then the Judge could terminate your rights.

Additionally, if the mother did not give your name (or perhaps a false name of the possible father), then the Judge would not even know that you existed in order to notify you of the lawsuit.

Perhaps a man with your name was "served" and did not contest the termination. That is also a possibility.

In fact, there are so many possibilities that I cannot address everyone in an email.

Therefore, I believe that your rights could be terminated without "notice" to you.

I encourage you to talk to an attorney face-to-face to discuss the particulars of your case.

If you did not receive "notice" then you have the right to try to reserve the termination.

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Answered on 12/06/08, 8:52 pm


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