Legal Question in Family Law in Texas
I have been separated from my wife for several years now, and have had all sorts of issues getting visitation with my child (she lives in Sherman, TX, I live in Austin, TX, i.e. 300 miles apart). My plans were to file for divorce in two months, when I could afford it. However yesterday I got I missed a call while at work, and there was a voicemail from CPS saying my estranged wife was arrested, with drugs in the car and my child (8 years old) near her, and she was booked in jail. I called them as soon as I found out the voicemail a few hours later, but the child was already taken into CPS care, and apparently, I cannot just go and pick her up. She has been placed in a foster care home, and apparently things are complicated now. It is up to the foster home to decide whether I can talk to my child, my visits will be on schedule and for an hour only. So I am trying to be patient and let things work out. Also, there should be a court date within 2 weeks to get things setup. But my questions are the following: what are my rights as a (non custodial) father when CPS takes the kid from my (separated) wife? There is not a single thing wrong I have done regarding my child, so why am I being treated a bit as if I'm a risk to my own child? Is that standard policy? What is normal, and what is not? I would think it would be automatic that I get my child? Also I know I have to get a lawyer but I am desperately trying to come up with the money, so in the meantime I would like to get a better idea. Thank you so very much for any detailed insights.
1 Answer from Attorneys
You need to hire an experienced family law attorney that handles CPS cases in the county where CPS took custody.
Look on this website & on www.avvo.com for an attorney. Most won't advertise that they do CPS cases because it is not a big money maker for any attorney.
CPS cases are complicated. Normally you should have the child - but as you can see - CPS can pretty much do what they want & now you have the burden to get custody of your child.
CPS sets up your visits with your child - not the foster parents. They are only following CPS rules. Basically, you need to get in front of a judge to get the orders changed.
I hope this helps.
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