Skip to main content

As the non custodial parent, what are my legal rights when my child has been removed from the home by CPS in Texas?

Mabank, TX |

I was informed that my child was taken from his mother yesterday by CPS. I am not current on childsupport but it and vistation have been set up by the AG. My child along with his sibling, from a different father, have been placed with their mothers parents. I was told I would be getting a letter in the mail from CPS. What are my rights and obligations, seeing as I am behind on child support?

+ Read More

Attorney answers 3

Best Answer

You have the right to timely notice of all proceedings and to participate personally and/or through counsel. Your support payment record is not relevant. The best interests of a child drives custody determinations, not support payments. If you have maintained a relationship with your child and are able to provide a home, placement with you should be considered by CPS. Even if that is not possible, you have the right to have custodial access granted while the child is in the custody of CPS.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.


Being behind on child support does not affect your conservatorship of your children. You should hire an attorney immediately so you can assert your rights in court. Don't wait for CPS, take the initiative and fight for your children. If the mother is not a fit parent, you can petition for custody of your children.

My avvo answers are not legal advice. This is not an attorney client relationship. Before making any decision on how to proceed, you should hire the best local criminal defense lawyer you can afford. Do not post sensitive information on Avvo, this forum is not privileged or confidential.


If you want to be involved with your child's life, you should immediately find out the caseworker's name and contact information. Once you have the information, CONTACT THE CASEWORKER!!! You should also find out if/when/where the next court date is.

Based upon your statement, I am not sure if your daughter was placed with the grandmother as part of a safety plan or pursuant to a Court order.

If the Courts are involved, if you are interested in continuing a relationship with your daughter, suggest that you hire an attorney and become involved with the case. I say that because your parental rights are at stake if they filed a petition to terminate your parental rights.

If the case is simply with Family Based Services, then you need to speak with the caseworker.

In either event, you will be asked to work services. You probably will also be asked to deal with your child support issues. However, a Court will not deny you the opportunity to remedy the situation.

This is just an opinion, and should not take the place of an attorney who knows all of the facts of your particular case.