Lawyers For CPS Cases In Houston, Texas
In any area of the law, the attorneys and parties involved usually expect that language in statutes means what the words in the statute say. This is not always the case. Parents should know that even though the law requires that something be done very quickly when CPS takes possession of their children, sometimes the law provides no remedy when the law is not followed.
Our CPS Defense Lawyers Fully Understand The Texas Code Of Family Law
When CPS seeks custody of children, the Court must hold a full Adversary Hearing within thirty (30) days so a determination can be made if CPS should be able to take or keep possession of the children. In three separate cases, a trial judge recently dismissed the Department’s petitions, holding the 30-day requirement to be jurisdictional. The law – simply stated – requires that if CPS does not justify its actions right away, then the parents are entitled to return of their children. The First Court of Appeals disagreed and granted a special writ called Mandamus compelling the trial court to reinstate the cases and hold adversary hearings as requested by the Department. Sometimes the law has no consequences when it is not followed even if the language in the statute mandated that a hearing be held within the thirty days.
At Connolly & Shireman, located near downtown Houston, we have some of the most experienced trial and appellate family and lawyers for cps cases in Texas. We know which laws have to be followed and know what to do when CPS does not follow them.