When You Need To Protect Your Rights As A Parent

You need to work with an attorney who will work to protect your rights as a parent. You need an attorney who understands the importance of keeping a family together. You need an attorney who will do the work to fully investigate the allegations. Houston attorneys Dan-Phi Nguyen and Sobia Malik will fight to protect your rights. They will always put the best interest of your children first. Call 346-400-5930 to schedule an appointment.

What CPS Is Supposed To Do

The Texas Department of Family and Protective Services (DFPS) is also known by the public as Children’s Protective Services (CPS). DFPS is vested with the unilateral authority to seek an emergency court order to remove your children from your custody. All they need are facts. These facts need to be supported by sworn affidavit to support allegations of the children’s health and safety being in imminent danger in their current home environment. If you are under investigation, here are some things to know:

• The department is required to make all reasonable efforts to prevent the necessity of the child’s removal from your home.
• DFPS can only file a petition for temporary custody of the children as a last resort to protect the safety and welfare of the children.
• Its caseworkers are specially trained to conduct child abuse investigations in a way that often gives the alleged perpetrator a false sense of security.

As a parent, you may be led to believe that DFPS has every intention of returning your child to you. They may do this in an attempt to create dialogue with you in hopes that you will make an admission of wrongdoing. In some cases, particularly during a divorce, one parent may exaggerate claims in an effort to punish the other parent. It is in your best interest to protect your rights. Working with an established CPS defense attorney can help protect you.

What To Do When Accused Of Mistreatment Of Your Child By DFPS

It is always advisable to cooperate with DFPS staff but only if you are represented by counsel. This is no different from retaining a criminal law attorney when being investigated by law enforcement for an alleged criminal act.

In a CPS investigation, parents who are accused of abusing or neglecting their children have a very narrow window of time to respond to the allegations. Every day that passes before you respond makes reunification with your child less likely.

Frequently Asked Questions About CPS

The questions below answer some key issues that families may face during a CPS investigation.

Can CPS remove my children without a court order?

CPS can take a child without a court order, but only in limited emergency situations. These cases usually involve immediate safety concerns that cannot wait for a judge’s approval. When CPS removes a child without a court order, several key factors may apply, including the following:

• The agency believes the child faces an immediate risk of harm.
• Law enforcement supports the emergency removal.
• Waiting for a judge would put the child in danger.

After an emergency removal, CPS must still seek a court order within a short period of time. This court review is critical, and a Texas CPS lawyer can help ensure the agency’s actions are legally justified and protect your family’s rights.

Will I be allowed to visit my child during an open CPS case?

Most parents can see their child while a case continues, unless CPS or the court believes contact would affect the child’s safety. Visits may be supervised or scheduled based on the situation. Some of the conditions that can shape how visits are handled include:

• Safety concerns may require supervised visitation.
• Scheduling depends on the child’s placement and needs.
• CPS may adjust visits as progress is shown.

These visits matter because they maintain your bond and demonstrate efforts to support the child.

Can I challenge or appeal a CPS decision?

Yes. Families can appeal CPS findings, including decisions that label allegations as reason to believe.

Common reasons for filing a CPS appeal include:

• You believe CPS relied on incomplete or inaccurate information.
• Key witnesses were not considered.
• The findings could affect employment or custody rights.

An attorney can guide the appeal, help gather evidence and safeguard long-term family rights.

What does a guardian ad litem (GAL) do?

A guardian ad litem is appointed by the court to represent the child’s best interests. The GAL investigates the situation, meets with the child and reports findings to the judge. The GAL’s role is important because their recommendations can influence court decisions.

Why Hire Attorney Dan-Phi Nguyen?

As a former CPS prosecutor during his eight-year tenure with the Harris County Attorney’s Office, attorney Dan-Phi Nguyen fully understands the policies and procedures DFPS workers are required to abide by. He knows that their inability to follow those procedures to the letter can often times be their greatest weakness. Not every attorney who handles family law issues has this experience and knowledge.

If you are under investigation by CPS for abuse and neglect of your children, please call a knowledgeable CPS defense attorney. Do not be taken advantage of by aggressive CPS staff. Instead, ensure that your due process rights are not being violated. You want to do everything you can to prevent your parental rights from being unfairly restricted or terminated.

Start With A Phone Call

You may have questions about what to do next. Reach out to attorney Dan-Phi Nguyen at 346-400-5930. He will listen to what happened and tell you how he can help. You can also reach the firm by using the online contact form.