Martinez Legal, P.C.

CPS Cases

Our team is very experienced in representing parents in the Child Protective Services (CPS) system. Let us answer your questions and give you guidance on all matters concerning CPS cases.

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When the Texas Department of Family and Protective Services (DFPS), commonly referred to as Child Protective Services (CPS), also known as “OCOK” (Our Community, Our Kids), becomes involved in a family’s life, parents often feel overwhelmed and uncertain about their rights. Having an experienced attorney on your side is crucial to protecting your parental rights and navigating the complexities of the legal process.

CPS investigates allegations of child abuse and neglect. A case can begin with a report made to the Texas Abuse Hotline or law enforcement. If CPS determines the report warrants investigation, a caseworker may visit the home, interview the child, and assess whether the child is in danger. In some cases, CPS may ask for participation in court ordered serves.  However, in other extreme cases, CPS may remove the child and place them in foster care or with a relative.

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A joyful family shares a warm embrace on a comfortable leather sofa at home.

Parents have legal rights during CPS investigations, including:

  • The right to be informed of the allegations against them
  • The right to an attorney, especially if CPS files a lawsuit seeking to remove the child
  • The right to refuse entry to CPS caseworkers unless they have a court order
  • The right to present evidence and challenge CPS’s claims in court
  • The right to request placement of children with family members, if they appropriate

A skilled family law attorney plays a critical role in defending parents, including:

  • Guiding parents through the investigation – Advising on interactions with caseworkers and ensuring compliance without self-incrimination
  • Representing parents in an Order To Participate Proceeding – Unlike a removal, a court may order the parents or caregivers to participate in court ordered services while the children are still in their care
  • Challenging removals – Arguing against unnecessary child removals and working to reunite families as quickly as possible
The Role of an Attorney in CPS Cases
  • Advocating in court – Representing parents in hearings, presenting evidence, and negotiating favorable resolutions
  • Developing case strategies – Helping parents complete CPS requirements, such as parenting classes or drug testing, to strengthen their case for reunification
Fighting for Family Reunification

CPS cases can be emotionally charged and legally complex. If CPS has contacted you, consulting with an attorney as soon as possible can make all the difference in protecting your parental rights and ensuring the best possible outcome for your family.

For legal guidance on CPS cases in Texas, contact our experienced family law attorneys today.