Houston, TX asked in Family Law, Child Custody and Domestic Violence for Texas

Q: I have a custody order out of Travis county. I got into a physical fight with my Husband and state took the charge

In November. I have no criminal charges as of currently awaiting to hearing however 60day emergency took place that uplifted and CPs involved with both parties and my daughter on forth worth in which I’m trying to get her back from her dad grandmother which holds no grounds. At this point it’s becoming way to messy

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: The emergency removal of a child due to domestic violence is a fact-intensive matter. DFPS clearly has the statutory authority to take such an action and the court clearly has jurisdiction to adjudicate the matter.

You need a family lawyer experienced with CPS cases to advise and assist you. It is unlikely that your criminal defense attorney has the necessary experience.

Choose a family lawyer in or near the county where the CPS case is pending as he/she will be familiar with both the judge and higher ranking DFPS officials in that county.

Be aware that this kind of case tends to be time intensive. So make appropriate financial arrangements to be able to timely compensate your attorney.

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