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Articles Posted in Child Protective Services

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Constructive Abandonment and Parental Rights in Texas

What is Constructive Abandonment? The Texas Family Code section allows involuntary termination of parental rights if clear and convincing evidence supports that a parent engaged in at least one of the twenty-one grounds for termination and termination is in the best interest of the child. See TEX. FAM. CODE §…

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Will My Child Appear at a CPS Hearing?

The Texas Family Code requires that a child in the conservatorship of DFPS attend all permanency hearings. This section also requires that if the court determines it is in the best interest of the child, and the child is older than four, that the court must consult with the child…

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Modification of Custody in Less Than One Year: How Important is the Affidavit?

You just finalized your divorce or custody matter, however it seems like every time you turn around you think that your child should live with you instead of the other parent primarily of the time.  Even though it is has not even been a year yet since your final orders…

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What is the duty to report child abuse/neglect in Texas?

Many parents, grandparents, and even professionals do not fully understand their duty to report child abuse let alone the consequences for their failure to report.  But what about such duty to report of just an ordinary person?  That is right; ANYONE who has knowledge or reason to believe that a…

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How can I get a restraining order?

In Texas family law cases, there are two separate types of protective documents that parties can seek. Restraining orders are not to be confused with protective orders. Most often, parties seek a restraining order in a divorce or suit affecting the parent-child relationship to take exclusive possession of property or…

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New Texas Family Laws for 2013

New 2013 Texas Family Laws  At Guest and Gray our Forney and Rockwall Family team works to keep our clients informed on changes in the Family Code. Recently, the legislature passed many new laws that affects Texas families. Our family attorney can help you understand how these laws will affect…

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What happens if I fail a drug test in a child custody case?

If there is an allegation that either you or the other parent is abusing an illegal controlled substance, then a drug test can be requested. Typically, the testing will occur with Forensic DNA & Drug Testing facility in Dallas and if requested by either party, then the court will order…

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Child Protective Services and Allegations of Abuse or Neglect Within Your Home: What to Expect

Imagine this scenario: you are at work or at home waiting on your child to get home from school, and someone contacts you and identifies themselves as a CPS social worker and they want to speak with you regarding your child and some recent allegations. You are confused and concerned.…

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