Relationships will go through ups and downs. Having an intimate, personal relationship involves a lot of serious emotions and there are bound to be some disagreements. When these emotions become so heated that it affects the safety of the children, the Texas Child Protective Services may become involved in the situation.
The state has an interest in protecting the welfare of children, but interfering with parental rights is a serious issue. Where is the line drawn? What level of proof must be shown before the state can step in? A Houston family said that in their case, CPS simply went too far.
In this case, the mother said that the safety of the couple’s five children was never an issue. The couple admitted that their relationship wasn’t always butterflies and rainbows. In the year 2009, they were involved in a pretty serious fight. The mother said that the fight between the two spouses was loud enough that CPS was called. The father was charged with a domestic violence count that was later reduced to disorderly conduct.
Although the fight was between spouses, the CPS removed the children from the home for 14 months. Then, the agency told the mother that if she divorced her husband, she could have her kids back. In this case, the mother recorded all of her conversations with the agency, and that helped. But what was the smartest thing this mother did? She enlisted the help of a lawyer.
The important point for our readers to take away from this case is that having a family law attorney on your side is very important in child custody cases. Whether it involves protecting your parental rights from false accusations or ensuring that your children are safe in cases involving real parental abuse, an attorney has the legal knowledge and experience to help.
Source: My Fox Houston, “Another couple says CPS demanded they divorce to get kids back,” Randy Wallace, Feb. 14, 2014