Legal Question in Family Law in Texas

Rights of parent as possessory conservator

What are my rights if my children are currently in CPS foster homes? As far as visitition and receiving or being kept informed as to welfare and any thing else involving children? What can be done about CPS refusing visitation although it has been court ordered? What do I do if CPS has violated all of my parental or civil rights but my parental rights have not been terminated?


Asked on 6/05/02, 1:55 pm

2 Answers from Attorneys

Jean Sudduth Jean Sudduth, Attorney at law

Re: Rights of parent as possessory conservator

Your first answer was correct in every way. I have had cases with CPS in the past. While I believe that CPS is important and most of their cases are handled properly - they sometimes overstep their bounds and in other cases they do not act quickly enough. A parent should hire an attorney to assure their rights. If you want your children it is vital tjat you hire an attorney as soon as possible. Good luck

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Answered on 6/07/02, 1:31 am
Laura D. Heard Law Office of Laura D. Heard

Re: Rights of parent as possessory conservator

You said that your children are in foster homes and you want to know your rights regarding visitation, etc. Your rights are defined in the court order that was signed by the Judge in the pending case which granted CPS temporary or permanent managing conservatorship. The court order in the case in which CPS is a party overrides any other prior court order you may have had regarding visitation. If CPS is violating the specific terms of the order in the current case, then you need an attorney to file a motion and set a hearing to bring this to the judge's attention.

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Answered on 6/05/02, 10:33 pm


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